Court: WDNY

In Whipple v. Reed Eye Associates, 15-CV-6759L, 2021 WL 852039 (W.D.N.Y. March 8, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. While the court ultimately ruled against the plaintiff on the merits, this decision is nevertheless instructive as to how courts evaluate the situation where some events…

Read More Court Dismisses Sex-Based Hostile Work Environment Claims; Discusses “Out-of-Office” Conduct
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In Jordan v. Lisa Ellsworth, et al, 2020 WL 7398757 (W.D.N.Y. Dec. 17, 2020), the court granted summary judgment to defendants on plaintiff’s employment discrimination and retaliation claims. In sum, plaintiff alleged that defendants denied her promotional opportunities due to her race and in order to retaliate against her for filing internal race discrimination complaints.…

Read More Employment Discrimination & Retaliation Claims Dismissed Against NY State Insurance Fund; Pretext Not Shown
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In Kennedy v. Bernhardt, 2020 WL 7399050 (W.D.N.Y. Dec. 16, 2020), the court, inter alia, declined to apply the “continuing violation doctrine,” and dismissed one of her claims on failure to exhaust and timeliness grounds. After summarizing the law, the court applied it to the facts: Here, the factual allegations in the Complaint do not…

Read More Continuing Violation Doctrine Held Inapplicable in Title VII Sexual Harassment Case
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Citing a recent amendment to New York’s “whistleblower law”, Labor Law 740, the court in Zhou v. Roswell Park Cancer Institute Corp. et al, 2020 WL 3574631 (W.D.N.Y. July 1, 2020), rejected defendants’ argument that plaintiff’s discriminatory termination claims were “waived” by assertion of a claim under that statute. From the decision: The Court recommends…

Read More Court Rejects Argument That Assertion of State Law Whistleblower Claim Waives Discriminatory Termination Claims
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In a recent decision, Moxley v. State of New York, 17-cv-691, 2019 WL 5788440 (W.D.N.Y. Nov. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. Among plaintiff’s allegations supporting this claim was her contention that her supervisor’s nephews (and co-workers) “g[ave] her dirty looks.” Regarding this allegation, the court explained : Frequent…

Read More Hostile Work Environment Claim Dismissed; Evidence, Including “Threatening Looks”, Insufficient
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In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law
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In Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…

Read More Sex Discrimination Claim Plausibly Alleged
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In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds
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From Morales v. Bottling Group, LLC, 16-cv-6597L, 16-cv-6600L, 2019 WL 1593418 (W.D.N.Y. April 15, 2019): Morales fails to demonstrate that any of the alleged conduct was racially motivated. Regarding Flaherty’s “verbal insult,” Morales’s own testimony suggests he did not perceive it to be racially motivated at the time, (Dkt. # M31-5 at 27) (explaining that…

Read More Hostile Work Environment Claim Dismissed; “Job Criticism” Insufficient
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In Alexander Guerrero Toro v. Northstar Demolition & Remediation, 2019 WL 1396751 (W.D.N.Y. March 28, 2019), the court, inter alia, dismissed plaintiff’s claim of a disability-based hostile work environment claim. From the decision: Plaintiff testified that he was subject to workplace harassment because he was assigned to jobs he could not complete, his supervisors wanted…

Read More Asbestos Handler’s Disability-Based Hostile Work Environment Dismissed
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