Employment Discrimination

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In Misas & McIntosh v. North Shore-Long Island Jewish Health System & Julio Cardoza, No. 14CV08787ALCDCF, 2017 WL 1535112 (S.D.N.Y. Apr. 27, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. From the decision: Contrary to Defendants’ argument, a rational trier of fact could easily…

Read More “Sausage Text Message” Among Evidence Leading to Sexual Harassment Claim Surviving Summary Judgment
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In Johnstone v. Village of Monticello & Gordon Jenkins, No. 16-2225, 2017 WL 1521475 (2d Cir. Apr. 28, 2017) (Summary Order), the Second Circuit affirmed the dismissal of a race-based hostile work environment claim asserted by a white police officer. This case is unique, for at least the reason that the comments giving rise to…

Read More 2d Circuit Affirms Dismissal of White Police Officer’s Hostile Work Environment Case Arising From Anti-White Comments by African American Arrestee
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In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the…

Read More Employment Discrimination Claims Dismissed; Complaint Did Not Allege Non-Preferential Treatment, Age- or Gender-Based Remarks, Etc.
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In Fish v. 1295 Aroxy Cleaners, No. 15-cv-102, 2017 WL 1496244 (N.D.N.Y. Apr. 26, 2017), a sexual harassment hostile work environment case, the court denied defendants’ motion for summary judgment. Here are the facts, as summarized by the court: According to [plaintiff] Fish, [plaintiff’s primary supervisor Hagop] Poladian began sexually harassing her at the end…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Touching of Intimate Body Parts
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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

Read More Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case
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In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff on plaintiff’s hostile work environment claim. (The court issued its ruling one week after it heard oral argument in the case.) While it…

Read More Second Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
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On April 18, 2017, the Second Circuit heard oral argument in the case of Daniel v. T&M Protection Resources LLC (Case No. 15-560). At issue is whether a single, offensive comment (here, the n-word) is sufficient to overcome summary judgment on plaintiff’s hostile work environment claim. The EEOC argued (as Amicus Curiae in support of pro…

Read More 2d Circuit Hears Oral Argument as to Whether the Single Use of the “N-Word” by a Supervisor is Sufficient to Overcome Summary Judgment on Plaintiff’s Hostile Work Environment Claim
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In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Read More Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged
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In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis…

Read More Court Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex Hostile Work Environment Case
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