Home » Blog » Archives for NDNY

NDNY

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 Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and […]

In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to […]

In Zhao-Royo v. New York State Educ. Dept., 14-CV-0935, 2017 WL 149981 (N.D.N.Y. Jan. 13, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s employment discrimination claims. As to her disparate treatment claim, it concluded that plaintiff “failed to identify circumstances justifying an inference that [alleged] incidents were actually related to Plaintiff’s […]

In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under Title VII of the Civil Rights Act of 1964, as he failed to plausibly allege the existence of an “adverse employment action.” The court also dismissed plaintiff’s hostile work […]

In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment discrimination (race discrimination and retaliation) under Title VII of the Civil Rights Act of 1964. This decision illustrates the uphill – albeit not insurmountable – […]

In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual […]

In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS; […]

In Case v. Onondaga Cty., No. 5:14-cv-272, 2016 WL 6781237 (N.D.N.Y. Nov. 16, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. As to plaintiff’s harassment claim, the court explained: Here, assuming, without deciding, that [alleged […]

An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her┬áMarch 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy […]