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Failure to Hire

Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the […]

Pursuant to a May 5, 2017 Consent Decree in EEOC v. Special Education Associates (EDNY 17-cv-1791) (a failure-to-hire sex discrimination case), the defendant must pay $57,000 in damages to the underlying complainant, comprising $20,000 in back pay and $37,000 in compensatory damages.[1]The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination […]

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 discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be […]

In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as […]

In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim. […]

In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it […]

In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for […]

Subway has been associated with some bad press lately. Below is a sexual harassment lawsuit, captioned EEOC v. Draper Development LLC d/b/a Subway, 15-cv-00877 (NDNY 7/21/15), filed against an upstate Subway franchisee. The lawsuit alleges that Defendant violated Title VII of the Civil Rights Act of 1964 and specifically that: Defendant … discriminated against the Charging […]

In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human […]

In a recent gender discrimination lawsuit captioned Consing v. NYC Health & Hospitals Corp. and Zenaida Magnaye-Banzon, EDNY 15-cv-01548 (March 25, 2015), plaintiff, a man, asserts that the defendants failed to hire him because he is male. He asserts, for example (at paragraph 19) that Magnaye-Banzon told him that the position would “not work” for him because […]