Title VII of the Civil Rights Act of 1964

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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title…

Read More Distinguishing Between “Sexual Orientation Discrimination” and “Gender Stereotyping”, Court Dismisses Gay Man’s Discrimination Claim
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In Frederick v. United Bhd. of Carpenters & Joiners of Am., No. 15-1065, 2016 WL 6518812 (2d Cir. Nov. 3, 2016), the Second Circuit reminds us that Title VII of the Civil Rights Act of 1964 protects against only a subset of arguably unfair workplace conduct. In affirming the district court’s dismissal of plaintiff’s employment…

Read More Unfair, But Not Unlawful: Court Again Reminds Us of the Limitations of Title VII
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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Halloween is a fun holiday. Not so, however, for employees forced to endure sexual harassment during a company Halloween party. In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,…

Read More Sexual Harassment During Company Halloween Party Among Facts of Case Resulting in $170,000 Compensatory Damages Award
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In McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant defendants’ motion to enforce a post-mediation Memorandum of Understanding (MOU) settling plaintiff’s employment discrimination case pursuant to Title VII of the Civil Rights Act…

Read More “Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation Memorandum of Understanding Settling Title VII Employment Discrimination Case
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In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the decision as “a fifty-year-old United Kingdom native who describes herself as a dark-skinned black woman” – asserted claims of disparate treatment, discriminatory pay, and wrongful…

Read More Discriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
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NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000…

Read More Settlement of Female NYPD Officer Ann Cardenas’ Sexual Harassment Lawsuit
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