Court: NDNY

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In Rivas v. New York Lottery, 2023 WL 2968185 (N.D.N.Y. April 17, 2023), the court, inter alia, granted defendants’ to dismiss plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court provides the following synopsis of the governing law, and its application to the facts…

Read More Title VII Hostile Work Environment Claim Dismissed, Notwithstanding Allegations of Screaming, Stalking, Bullying, Etc.
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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In Dacier v. New York State Department of Labor, 2022 WL 16855210 (N.D.N.Y. Nov. 9, 2022), the court granted defendant’s motion for summary judgment dismissing plaintiff’s failure to promote claim asserted under Title VII of the Civil Rights Act of 1964. While the plaintiff here was not successful, this decision is instructive on what a…

Read More Title VII Failure to Promote Claim Tossed on Summary Judgment; Candidates With Superior Qualifications Sought
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In Stern v. Denis McDonough, Secretary of Veterans Affairs, 5:18-CV-71 (MAD/TWD), 2022 WL 4236298 (N.D.N.Y. Sept. 14, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim. After summarizing the black-letter law, the court applied it to the facts, as follows: Plaintiff fails to establish that any…

Read More Sex-Based Hostile Work Environment Claim Dismissed on Summary Judgment; Sheep-Sex and Other Comments Notwithstanding
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In Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…

Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger Worker
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In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
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In Pachura v. Lloyd J. Austin, III, Secretary, Department of Defense, 6:21-CV-0316 (LEK/ATB), 2022 WL 1909546 (N.D.N.Y. June 3, 2022), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations, in sum, as follows: Between…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Harassment by Facebook Messenger
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In Legg et al v. Ulster County et al, 2022 WL 909045 (N.D.N.Y. March 29, 2022), the court, inter alia, held that the jury’s award of $200,000 to one sexual harassment plaintiff was excessive, and that under the facts of the case, a new trial would be granted unless they agreed to accept $75,000. The…

Read More Sexual Harassment Plaintiff’s Emotional Distress Damages Remitted to $75,000
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In Buczakowski v. Crouse Health Hospital, Inc., et al, 5:18-CV-0330 (LEK/ML), 2022 WL 356698 (N.D.N.Y. Feb. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claim asserted under the New York State Human Rights Law. From the decision: Viewing the record in the light most favorable to Plaintiff, she…

Read More Retaliation Claim Survives Summary Judgment; Evidence Included Alleged Lack of Progressive Discipline
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