Title VII of the Civil Rights Act of 1964

The Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…

Read More Nepotism Insufficient to Establish Race/National Origin Discrimination
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner…

Read More Justice Scalia: Civil Rights Champion?
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively…

Read More Vietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing Examples of Bosnian Favoritism
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In Kennedy v. NYS, 14-CV-990S, NYLJ 1202751641711 (WDNY Mar. 3, 2016), the Western District of New York held that plaintiff – a member of NYS Assembly Member Dennis Gabryszak’s staff – plausibly alleged hostile work environment sexual harassment against Mr. Gabryszak under 42 U.S.C. § 1983, and therefore denied defendants’ motion to dismiss under Fed. R. Civ.…

Read More Assembly Staff Member Sufficiently Alleges § 1983 Sexual Harassment Claim Against Dennis Gabryszak
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The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
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In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…

Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
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In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here, plaintiff, who identifies as a Southeast Asian non-Chinese speaker, worked for defendant as a cleaner in the Union Square W Hotel. She alleged, among other things, that she…

Read More Hotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge Claims Insufficiently Alleged
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In Collazo v. Cty. of Suffolk, No. 12-CV-2196, 2016 WL 660856 (E.D.N.Y. Feb. 17, 2016), the court summarized various ways in which a Title VII plaintiff can demonstrate the requisite “inference of discrimination” as part of the prima facie case element of a discrimination claim: An inference of discrimination can be found in circumstances that include: (1)…

Read More Discrimination Claims Proceed as to Some, But Not All, Alleged Adverse Employment Actions
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