November 2017

In Patel v. City of New York, 2017 WL 4862745 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s failure-to-promote employment discrimination claim. The court summarized the law as follows (paragraphing altered): [C]laims for race and national origin discrimination under Sections 1981 and 1983 are analyzed under the burden-shifting framework…

Read More 2d Circuit: Lack of Qualification Justifies Dismissal of Failure-to-Promote Race/National Origin Discrimination Claims
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In Castillo v. Montefiore Med. Ctr., 2017 NY Slip Op 07769 (App. Div. 1st Dept. Nov. 9, 2017), the First Department affirmed the dismissal of plaintiff’s pregnancy discrimination claims under the New York State and City Human Rights Laws. Here are the facts, as summarized by the court: On August 6, 2012, defendant hired plaintiff as a…

Read More Pregnancy Discrimination Dismissal Affirmed; Court Cites Negative Performance Feedback and Employer’s Lack of Knowledge of Pregnancy
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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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From JAMES R. FREZZELL, Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR, et al., Defendants. Additional Party Names: Heather Romano, John Triller, Justin Heinbuch, Margaret Sheehan-Nolan, Marty Selleck, Robert Young, Sara Harms, Symone Wango, 2017 WL 5054722, at *7 (N.D.N.Y., 2017): Plaintiff’s claim that Harms created a hostile work environment by “giving [him] the evil eye,…

Read More “Evil Eye”, Work Scrutiny Insufficient to Make Out Hostile Work Environment Claim
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In Wood v. New York City Transit Authority, 2017 WL 4871371 (2d Cir. Oct. 30, 2017) (Summary Order), the court affirmed the dismissal of, inter alia, plaintiff’s failure-to-promote claim. Plaintiff, a New York City bus driver, filed this lawsuit after he was not promoted to dispatcher. The court gives us an overview of the applicable…

Read More Failure-to-Promote Claim Properly Dismissed; Proposed Comparators Did Not Engage in Similar Conduct
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In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment…

Read More Age Discrimination Claims Properly Dismissed, Notwithstanding “Troubling” Conduct
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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In Mira v. Kingston et al, 2017 WL 4877290 (2d Cir. 16-4080-cv Oct. 30. 2017) (Summary Order), the Second Circuit held that while the district court should have addressed plaintiff’s requests to amend her complaint, the allegations in that complaint would have been dismissed in any event. Specifically, plaintiff wanted to present claims under 42 U.S.C.…

Read More Hostile Work Environment / Constructive Discharge Claim, Based on “Drug” Remark, Properly Dismissed
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From Linda Murphy, appellant, v. Department of Education of the City of New York, et al., respondents., 2017 NY Slip Op 07609, 2017 WL 4930955 (N.Y.A.D. 2 Dept. Nov. 1, 2017): Here, the general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the…

Read More Age Discrimination Claims Dismissed; Incidents Were “Isolated” and “Episodic”
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