U.S. Court of Appeals 2nd Circuit

In Arroyo-Horne v. City of New York, 19-2814-cv, 2020 WL 6112273 (2d Cir. Oct. 16, 2020) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s complain asserting a violation of the Family and Medical Leave Act (FMLA). Specifically, the plaintiff failed to allege her eligibility under the statue, namely, that she worked 1,250…

Read More FMLA Claim Dismissed; Eligibility (1,250 Hours of Work Requirement) Not Alleged
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Here, the bad things that plaintiff alleged happened to her did not amount…

Read More Retaliation Claim Dismissal Affirmed; Exclusion From Meetings and Other Vaguely-Alleged Conduct Did Not Qualify as “Adverse Employment Actions”
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s gender and national origin-based hostile work environment claim. After outlining the “black-letter law” relating to this claim, the court summarized plaintiff’s contentions: In support…

Read More Hostile Work Environment Claim Dismissal Affirmed; “Handful of Comments Made Over a Decade” Held Insufficient
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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s “failure to promote” gender discrimination claim. Plaintiff argued that (1) the Commission Chair harbored discriminatory views, telling plaintiff during her interview for the position that,…

Read More Gender Discrimination Claim Fails in Light of Prior Denial of Discriminatory Comment
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years
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In Toombs v. New York City Housing Authority, 2020 WL 5650423 (2d Cir. Sept. 23, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the law, the court issued the following explanation as to plaintiff’s prima…

Read More Race Discrimination Case Dismissal Affirmed; Vague, Secondhand Comments Insufficient
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In Blodgett v. 22 South Street Operations, LLC, 2020 WL 5523540 (2d Cir. Sept. 15, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act of 1990 (ADA) and retaliation and interference with the exercise of rights under the…

Read More 2d Circuit Affirms Dismissal of ADA Discrimination, Retaliation, and Failure to Accommodate Claims
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In Moccia v. Saul, 2020 WL 5406412 (2d Cir. Sept. 9, 2020) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s claims of employment discrimination and retaliation in violation of the Age Discrimination in Employment Act. Plaintiff here argued that the district court abused its discretion when it denied her request, pursuant to…

Read More Age Discrimination Dismissal Affirmed; Alleged Lack of Discovery Notwithstanding
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In Woodard v. Reliance Worldwide Corp. (2d Cir. Sept. 3, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claim for breach of an employment contract and the alleged entitlement to a $500,000 bonus. Here are the facts, as summarized by the court: Woodard’s employment with John Guest USA was governed by an executive…

Read More $500,000 Bonus Not Obtainable Via Implied Covenant of Good Faith & Fair Dealing
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order) – a race/national origin employment discrimination case – the court (inter alia) affirmed the district court’s remittitur of the jury’s $2 million award of damages for emotional distress to $200,000. From the decision: Emamian argues that the district court erred…

Read More Second Circuit Upholds Remittitur of Jury’s Award of $2 Million to $200,000 for Emotional Distress Damages in Employment Discrimination Case
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