Adverse Employment Action

by

In Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…

Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric Center
Share This:
by

In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination…

Read More Court Dismisses Race Discrimination Claim; Adverse Action, Inference of Discrimination Insufficiently Alleged
Share This:
by

In Marquart v. NYC Dept. of Education (NY Cty 150327/2016 June 27, 2017), the court held that plaintiff sufficiently alleged disability discrimination under the NYC Human Rights Law, and denied defendant’s CPLR 3211(a)(7) motion to dismiss that claim (it reached the opposite conclusion, however, as to plaintiff’s age discrimination claim). Plaintiff sufficiently alleged that he…

Read More Guidance Counselor Sufficiently Pleads Discrimination Based on Disability (Sleep Apnea) Under the NYC Human Rights Law
Share This:
by

In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions…

Read More Court Dismisses Sex Discrimination, Age Discrimination, Retaliation, and Hostile Work Environment Claims Against Honeywell
Share This:
by

In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
Share This:
by

In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff…

Read More 2d Circuit Affirms Dismissal of Teacher’s Disability Discrimination, Hostile Work Environment, Retaliation, and Failure-to-Accommodate Claims Against Eastern Suffolk BOCES
Share This:
by

In Dickens v. Hudson Sheraton Corp. LLC, No. 16-969-CV, 2017 WL 1755941 (2d Cir. May 4, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. Plaintiff contended that he was retaliated against for his participation in a union-sponsored meeting in which he was attempting to oppose what he reasonably viewed…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claims; “Intimidating” Behavior Was Not an “Adverse Employment Action”
Share This:
by

In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More Math Teachers’ Age Discrimination Claims Partially Survive Motion to Dismiss
Share This:
by

In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
Share This:
by

In Green v. Avis Budget Grp., Inc., No. 11-CV-00269V(F), 2017 WL 35452 (W.D.N.Y. Jan. 4, 2017), the court dismissed plaintiff’s employment discrimination (disparate treatment), hostile work environment, and retaliation claims. Here I’ll discuss the court’s evaluation of the “adverse employment action” element of the prima facie case[1]“To establish a prima facie case of employment discrimination…

Read More Criticism of Work, Failure to Provide Desired Schedule (Etc.) Were Not “Adverse Employment Actions”
Share This: