Failure to Hire

In Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…

Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan Stanley
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In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules
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In a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…

Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied
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In Williams v. New York Hospital Medical Center of Queens, 16-3207-cv, 2017 WL 4461020 (2d Cir. Oct. 6, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race-based failure-to-hire discrimination claim. Here are the facts, as (briefly) summarized by the court: Williams alleges that the Hospital stopped considering his employment application after a prospective…

Read More Failure-to-Hire Case Properly Dismissed, Notwithstanding “Bad” and “Unfair” Treatment
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Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…

Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)
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Pursuant to a May 5, 2017 Consent Decree in EEOC v. Special Education Associates (EDNY 17-cv-1791) (a failure-to-hire sex discrimination case), the defendant must pay $57,000 in damages to the underlying complainant, comprising $20,000 in back pay and $37,000 in compensatory damages.[1]The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination…

Read More EEOC Consent Decree Entered in Failure-to-Hire Sex Discrimination Case
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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 Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim.…

Read More Age-Related Comments During Job Interview Insufficient to Establish Failure-to-Hire ADEA Claim
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In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…

Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case
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