Judge: Gary L. Sharpe

In Cain v. North Country Community College et al, 2020 WL 7230722 (N.D.N.Y. Dec. 8, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1983. In sum, plaintiff – an African American female adjunct professor – claimed that she was passed over for a promotion by two…

Read More Race-Based Hostile Work Environment Claim Against Upstate Community College Dismissed
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In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
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In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…

Read More Sexual Harassment “Label” Insufficient; Claim Dismissed
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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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