Court: WDNY

In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…

Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as Untimely
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In Litten v. GM Components Holdings, LLC, 2022 WL 706971 (W.D.N.Y. March 9, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim – based on her status as a Native American – asserted under Title VII of the Civil Rights Act of 1964. This case is, unfortunately, yet another that serves as an…

Read More “Dirty Indian” Comment Insufficient to Support Hostile Work Environment Claim, Court Holds
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In Kasparek v. New York State, Department of Corrections and Community Supervision, 16-CV-671-LJV-MWP, 2022 WL 682633 (WDNY March 8, 2022), the court, inter alia, adopted a Report and Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964.…

Read More Graffiti Penis Sexual Harassment Claim Survives Summary Judgment
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From Felton v. Monroe Community College et al, No. 6:20-CV-06156 EAW, 2022 WL 71694 (W.D.N.Y. Jan. 7, 2022): In support of his discrimination claim, Plaintiff alleges: (1) he was not permitted to teach certain classes, including the Intro to Linux class, during certain semesters (Dkt. 1 at 10); (2) he was not notified or selected…

Read More Race Discrimination Claim Sufficiently Alleged Against Individual Defendant
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In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
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In Villella v. City of Lockport, 17-CV-898S, 2021 WL 3726103 (W.D.N.Y. Aug. 23, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim, based on a “sex stereotyping” theory. From the decision: Plaintiff objects to one of Mayor McCaffrey’s reasons for rejecting her for the Assessor position because the Mayor did not believe Plaintiff was…

Read More Gender Discrimination Claim Dismissed; “Not a Team Player” Comment Did Not Evidence “Sex Stereotyping”
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In Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…

Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone Sufficient
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In Leach v. University at Buffalo Pediatric Associates, Inc., 2021 WL 1723129 (W.D.N.Y. April 30, 2021), the court held that plaintiff sufficiently alleged age and gender discrimination claims. From the decision: Taking Leach’s allegations as true, she has adequately pleaded the adverse action element of a claim. She states that she was offered a choice…

Read More Age and Gender Discrimination Claims, Arising From Allegation of Forced Retirement, Survive Dismissal
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In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
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