Home » Blog » Archives for Judge Wolford

Judge Wolford

Unlike Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws do provide for individual liability in certain circumstances. A recent decision, Popat v. Levy et al, No. 1:15-CV-01052 EAW, 2017 WL 2210762 (W.D.N.Y. May 19, 2017), explains and applies the principles regarding individual liability under the […]

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 Title VII gender discrimination claim. While plaintiff presented sufficient evidence to establish a prima facie case, her case fell apart at the third step of the analysis. […]

A plaintiff asserting discrimination under Title VII of the Civil Rights Act of 1964 must establish, among other things, that they suffered an “adverse employment action.” That term, like many in the law, has a specialized meaning. In Boza-Meade v. Rochester Hous. Auth., No. 6:14-CV-6356 EAW, 2016 WL 1157643 (W.D.N.Y. Mar. 21, 2016), the court […]

In Lolonga-Gedeon v. Child & Family Servs., No. 1:08-CV-00300 EAW, 2015 WL 7280559 (W.D.N.Y. Nov. 18, 2015), the court rejected defendant’s challenge to an earlier decision denying its motion for summary judgment on plaintiff’s hostile work environment claim. Defendant argued that the Supreme Court’s decision in Vance v. Ball State University, 133 S.Ct. 2434 (2013) […]

In a decision illustrating New York’s strong public policy favoring an employee’s right to earn a living free from contractual restrictions, an upstate New York federal court recently rejected a company’s attempt to enforce a non-competition provision against a departing employee. The decision is Veramark Technologies Inc v. Bouk, decided April 2, 2014. After one-time Veramark employee […]