Pretext

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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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In Brown v. Montefiore Medical Center et al, 15-cv-724, 2019 WL 4738911 (S.D.N.Y. Sept. 29, 2019) – a race discrimination case – the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, a nursing attendant who…

Read More Race Discrimination Case Survives Summary Judgment; Jury Question Existed as to Whether Allegedly Biased Supervisor Played “Meaningful Role” in Plaintiff’s Termination
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In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim. Initially, the court held that plaintiff was properly precluded from relying on her deposition testimony to raise a genuine issue of fact about giving…

Read More Citing Plaintiff’s “Crude Remark”, 2d Circuit Affirms Dismissal of Gender Discrimination Claim; Pretext Not Shown
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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…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…

Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment
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From Schneider v. Wal-Mart Stores, Inc. 2019 WL 294309 (S.D.N.Y. Jan. 23, 2019): [T]he Court will examine whether Defendants’ stated reason for Plaintiff’s termination, his accumulation of four written coachings in a twelve-month period, is mere pretext for discrimination. Pretext may be demonstrated by additional evidence that the employer’s proffered reason is not credible or…

Read More Written “Coachings” Were Not Pretext For Discrimination; Disability Discrimination Claim Dismissed on Summary Judgment
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In Assue v. UPS, INC., 2018 WL 3849843 (S.D.N.Y. 2018), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination claims. From the decision: Plaintiff also attempts to raise an inference of discrimination by pointing to his purportedly unfair assignments and the denial of a work-issue laptop and encrypted USB flash drive.16 Any…

Read More Race Discrimination Claim Dismissed; Subjective Belief Insufficient; Alleged Harasser Was an “Equal Opportunity Offender”
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