Court: WDNY

In Lonergan-Milligan v. New York State Office of Mental Health, 2018 WL 6605686 (W.D.N.Y. Dec. 17, 2018), the court dismissed plaintiff’s Title VII sexual harassment (hostile work environment) claim. The law: A prima facie case of a hostile work environment involves two showings: (1) that the complained-of conduct ‘was sufficiently severe or pervasive to alter…

Read More Hostile Work Environment Claim Dismissed; Conduct Was Neither “Severe” Nor “Pervasive”
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In Morales v. PepsiCo. Inc., 16-cv-6597, 2018 WL 3853390 (W.D.N.Y. August 14, 2018), the plaintiff filed a lawsuit against his former employer alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Not uncommonly, a discovery dispute arose. Among other issues contested…

Read More Court Addresses Discovery Relating to Emotional Distress Damages in Title VII Discrimination Case
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In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim
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In Ellis v. Washington, 2018 WL 3575518 (W.D.N.Y. July 25, 2018), the court held that plaintiff, who worked as part of the County’s Work Experience Program (WEP), plausibly alleged claims for sexual harassment based on her supervisor’s alleged inappropriate conduct. From the decision: Plaintiff’s Complaint plausibly alleges a Monell violation. It alleges that the County…

Read More Sexual Harassment Claim Survives Dismissal
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In Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Use of the Word “Bitch”, While “Rude and Boorish”, Was Not Enough
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From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…

Read More Retaliation Claim Survives Summary Judgment
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In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…

Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
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In Mula v. AbbVie, Inc., 15-CV-6563-FPG, 2018 WL 501277 (W.D.N.Y. Jan. 22, 2018), the court granted summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. In sum, plaintiff alleged that she was sexually harassed by her supervisor (McCutchan) and then subjected to retaliation for complaining about it. Among other things, plaintiff claimed that…

Read More Hostile Work Environment Claim Dismissed, In Light of Evidence That Employer Followed its Anti-Discrimination Policy
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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
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleged that she was denied tenure because of her ethnicity, race, and national origin. The court held that plaintiff did not sufficiently allege a hostile work environment claim: Plaintiff has not alleged a hostile work…

Read More Hostile Work Environment Claim Not Alleged; Discrete Incident of Discrimination Relating to Denial of Tenure Not Enough
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