Disparate Discipline – Pospis Law, PLLC

October 7, 2020 by mjpospis

Alcoholism-Disability Discrimination Plaintiff Not Entitled to Discovery of Non-Similarly Situated Employees, Court Rules

In Devany v. United Parcel Services, Inc., 18-cv-6684, 2020 WL 5876245 (S.D.N.Y Oct. 2, 2020), a disability discrimination case, the court upheld the denial of plaintiff’s request for discovery relating to other employees. In this case, plaintiff asserts that he was terminated because of his disability (alcoholism), and that the defendant’s proffered reason (the violation…

2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”

In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…

Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment

In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…