Stray Remarks

In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination

In Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…

Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim

In Rollins v. Fencers Club, Inc. (App. Div. 1st Dept. May 5, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging age discrimination in violation of the NYC Human Rights Law. As a result, plaintiff gets a trial on her claims. The court analyzed plaintiff’s…

Read More Age Discrimination Plaintiff Defeats Summary Judgment; Age-Related Comments Were Not “Stray Remarks”

In Bivens v. Institute for Community Living, 15-cv-07173 (SDNY April 17, 2015), the Southern District of New York held that plaintiff plausibly alleged gender discrimination under Title VII of the Civil Rights Act of 1964 (and, necessarily, the New York City Human Rights Law). In addition to providing guidance on pleading these types of claims,…

Read More Instructive Decision on Pleading a Title VII Gender Discrimination Claim

In McCaskill v. Shoprite Supermarket (NDNY 1/30/15), the Northern District of New York granted defendant’s motion for summary judgmetn dismissing plaintiff’s race discrimination claim. Stray Remarks As part of his opposition to defendant’s motion, plaintiff contended “that his termination was motivated by racial discrimination because, inter alia, he overheard a derogatory racist remark directed towards…

Read More Court Applies “Stray Remark” Doctrine to Dismiss Race Discrimination Lawsuit Against Shop Rite

In Battle v. Carroll, the Western District of New York denied defendants’ motion for summary judgment on plaintiff’s Title VII race discrimination claim. Plaintiff Ola Battle, a black woman, worked for 17 years as a Holiday Inn housekeeper until she was fired following an expletive-laced confrontation with her supervisor, David Carroll, in which she told him…

Read More Supervisor’s “You People” Remark Supports Race Discrimination Claim

In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education

On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…

Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit

In Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…

Read More Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory Remark

In Brown v. Crowdtwist, the Southern District of New York (Judge Baer) recently denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. The court held that the plaintiff, a 43-year old male, presented sufficient evidence that he was terminated by internet startup technology company Crowdtwist…

Read More Age Discrimination Claim Against Internet Startup Crowdtwist Survives Summary Judgment