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Plaintiff Defeats Summary Judgment (Employment)

In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following […]

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 a hostile work environment because she is Egyptian and Muslim, in violation of Title VII of the Civil Rights Act […]

In Santiago v. Bernard F. Dowd, Inc., 2017 NY Slip Op 30791(U) (NY Sup. Ct. NY Cty. 160442/13, April 18, 2017) (J. Jaffe), the court denied defendant’s motion for summary judgment on plaintiff’s claim of same-sex hostile work environment sexual harassment under the New York City Human Rights Law. Plaintiff, a funeral director, presented evidence […]

In Small v. N.Y., No. 12-CV-1236S, 2017 WL 1176032 (W.D.N.Y. Mar. 30, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. In sum, plaintiff, a school teacher who worked at Attica Correctional Facility, alleged that a Corrections Officer (Cuer) subjected her to unwanted romantic advances, and that her complaints of […]

In Misas & McIntosh v. North Shore-Long Island Jewish Health System & Julio Cardoza, No. 14CV08787ALCDCF, 2017 WL 1535112 (S.D.N.Y. Apr. 27, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. From the decision: Contrary to Defendants’ argument, a rational trier of fact could easily […]

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. Here are the facts, as summarized by the court: According to [plaintiff] Fish, [plaintiff’s primary supervisor Hagop] Poladian began sexually harassing her at the end […]

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 on plaintiff’s hostile work environment claim. (The court issued its ruling one week after it heard oral argument in the case.) While it […]

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motions for summary judgment on plaintiff’s age discrimination claims – including under the Age Discrimination in Employment Act and its “heightened burden of but-for causation.” Plaintiff alleged, among other things, that the defendant-hospital’s CEO said to plaintiff “You’re […]

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1214437 (E.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the race, national origin, and age discrimination[1]In this post I’ll discuss the court’s evaluation of plaintiff’s race/national origin discrimination claims. allegations asserted by plaintiff (a brown-skinned man of Indian national origin who held […]

In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal […]