Similarly Situated

In Devany v. United Parcel Services, Inc., 18-cv-6684, 2020 WL 5876245 (S.D.N.Y Oct. 2, 2020), a disability discrimination case, the court upheld the denial of plaintiff’s request for discovery relating to other employees. In this case, plaintiff asserts that he was terminated because of his disability (alcoholism), and that the defendant’s proffered reason (the violation…

Read More Alcoholism-Disability Discrimination Plaintiff Not Entitled to Discovery of Non-Similarly Situated Employees, Court Rules
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In Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he suffered discrimination based on a protected characteristic in violation of Title VII of the Civil Rights Act of 1964. From the decision: In this action, Plaintiff…

Read More Discrimination Complaint Dismissed; Comparators’ Characteristics Not Identified
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims
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In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…

Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”
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From Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order): In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could…

Read More Discrimination Claims Dismissed; Failure to Meet NYC Residency Requirement Rendered Plaintiff Unqualified For Position
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In Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…

Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Case
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In Johnson v. Schmid et al, 17-3196 (2d Cir. Sept. 7, 2018) (Summary Order), an employment (race) discrimination case asserted under Title VII of the Civil Rights Act of 1964, the Second Circuit affirmed the district court’s award of summary judgment to defendants. Plaintiff, a black social worker trainee, proffered three grounds for why his…

Read More Title VII Race Discrimination Dismissal Affirmed; Comparators Were Not “Similarly Situated;” Racial Slur Introduced Too Late
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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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In Keaton v. Unique People Services, Inc., 15-cv-5354, 2018 WL 3708658 (S.D.N.Y., 2018), the court granted defendants’ (unopposed) motion for summary judgment motion and dismissed plaintiff’s employment discrimination claim under Title VII of the Civil Rights Act of 1964, finding that the persons to whom plaintiff sought to compare herself were not “similarly situated” to…

Read More Title VII Discrimination Claim Dismissed; Comparators Were Not “Similarly Situated” to Plaintiff
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A recent decision, Jackson v. Time Warner Cable Administration LLC, 2018 WL 2371024 (S.D.N.Y. 16-cv-8639 May 18, 2018), illustrates that the proper focus in an employment discrimination case is not whether an employer’s non-discriminatory explanation for the allegedly wrongful action is reliable or true, but rather what motivated the employer. In this case, defendant terminated…

Read More Employment Discrimination Case Against Time Warner Dismissed; Racial Motive Not Shown
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