Employment Discrimination

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In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also…

Read More Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected
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In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among…

Read More Male Worker’s Gender Discrimination Among Claims Surviving Dismissal
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In Southerland v. Phoenix Constructors JV, 2017 NY Slip Op 32027(U) (Sup. Ct. NY Cty. 156005/15 Sept. 26, 2017) (J. Kotler), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: Here, contrary to defendants’ argument, plaintiff has set forth with sufficient particularity that she was subject to…

Read More Sex-Based Hostile Work Environment Claim Survives Summary Judgment; Court Noted Co-Worker and Supervisor Called Plaintiff a “Bitch”
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In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), the court (inter alia) granted defendant’s motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law.[1]I wrote about the court’s dismissal of plaintiff’s…

Read More Retaliation Claims Dismissed Due to Absence of “Protected Activity”; Plaintiff’s Complaints Were Unrelated to a Legally Protected Characteristic
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In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), a race discrimination case, the court granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law (NYCHRL). As…

Read More Hostile Work Environment Was Not “Because Of” Race; Summary Judgment Granted to Defendant
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In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court denied defendant CVS’s motion for summary judgment on plaintiff’s hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. Here I will focus…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Court Clarifies Scope of 42 U.S.C. § 1981
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In Sass v. Hewlett-Packard, 2017 NY Slip Op 06628 (App. Div. 1st Dept. Sept. 26, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint, which alleged age discrimination. From the decision: Plaintiff has failed to point to any evidence to support an inference that he was terminated on account…

Read More Age Discrimination Claim Dismissal Affirmed; Replacement by Younger Employee Was Alone Insufficient
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In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff…

Read More ADA Disability Discrimination & Retaliation Claims Dismissed; Employer Actions Were Time-Barred, Not “Adverse Employment Actions”, or Were Not Undertaken Because of Discriminatory Animus
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From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
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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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