Race Discrimination, Hostile Work Environment Claims Continue; Associational...
In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and...
View Article2d Circuit Affirms Dismissal of Title VII Retaliation Claims; “Intimidating”...
In Dickens v. Hudson Sheraton Corp. LLC, No. 16-969-CV, 2017 WL 1755941 (2d Cir. May 4, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. Plaintiff...
View ArticleGender Discrimination, But Not Retaliation, Claim Continues Against City of...
In Dotson v. City of Syracuse, No. 15-3631, 2017 WL 1437131, at *2 (2d Cir. Apr. 24, 2017) (Summary Order), the Second Circuit held that the district court improperly dismissing plaintiff’s gender...
View ArticleGender-Based Hostile Work Environment Claim Dismissed; Incidents Were Largely...
In Evert v. Wyoming Cty. Cmty. Health Sys., No. 14-CV-912S, 2017 WL 1832051 (W.D.N.Y. May 8, 2017) (J. Skretny), the court dismissed plaintiff’s gender discrimination/harassment claim. Plaintiff, a...
View ArticleTitle VII Gender Discrimination Case Dismissed; Actions By “Tough Supervisor”...
In Campbell v. Nat’l Fuel Gas Distribution Corp., No. 1:13-CV-00438 EAW, 2017 WL 1957829 (W.D.N.Y. May 11, 2017), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s...
View ArticleTitle VII Sexual Harassment Claim Dismissed Due to Failure to Follow Internal...
In Magnusson v. County of Suffolk, No. 16-1876-CV, 2017 WL 1958699 (2d Cir. May 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sexual harassment claims under Title...
View ArticleEgyptian Muslim’s Hostile Work Environment Claim Against Astoria Bank...
In Ahmed v. Astoria Bank et al, No. 16-1389-CV, 2017 WL 1906726 (2d Cir. May 9, 2017) (Summary Order), the Second Circuit vacated a summary to defendants on plaintiff’s claims that she was subjected to...
View ArticleTitle VII Sexual Orientation Discrimination Claim Survives Motion to Dismiss
In Philpott v. State of New York, No. 16 CIV. 6778 (AKH), 2017 WL 1750398 (S.D.N.Y. May 3, 2017) (J. Hellerstein), the court denied defendant’s motion to dismiss plaintiff’s claims for sexual...
View ArticleSexual Harassment Case Dismissed; Harassment Was Not Motivated by Victim’s...
In Dole v. Town of Bethlehem, No. 1:16-CV-0173 (DJS), 2017 WL 1483451 (N.D.N.Y. Apr. 25, 2017), the court dismissed plaintiff’s sexual harassment case. Plaintiff, a police officer, alleged that “she...
View ArticleEmployment Discrimination Claims Dismissed; Complaint Did Not Allege...
In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment...
View ArticleSexual Harassment / Hostile Work Environment Claim Survives Summary Judgment;...
In Fish v. 1295 Aroxy Cleaners, No. 15-cv-102, 2017 WL 1496244 (N.D.N.Y. Apr. 26, 2017), a sexual harassment hostile work environment case, the court denied defendants’ motion for summary judgment....
View ArticleSecond Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff...
View ArticleCourt Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender...
In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s...
View ArticleSCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in...
In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena...
View ArticleRetaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation...
In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights...
View ArticleCourt Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex...
In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’...
View ArticleCiting “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race...
In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of...
View Article7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under...
The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is...
View ArticleSexual Harassment Lawsuit Against the American Museum of Natural History
In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the male plaintiff asserts that he was subjected to retaliation for...
View ArticleSecond Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on...
In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure...
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