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Second Circuit

In McLeod v. The Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3049541 (2d Cir. July 19, 2017) (Summary Order), the Second Circuit vacated a lower court’s award of summary judgment to defendant employer on plaintiff’s sexual harassment hostile work environment claim. Among other things, the court reiterated that it is improper for a […]

From McLeod v. Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3044626 (2d Cir. July 19, 2017): Here, had the district court considered McLeod’s handwritten factual allegations alone, it would have been required to construe McLeod as having asserted claims under the NYSHRL and NYCHRL.1 McLeod’s allegations clearly suggest claims under the NYSHRL and NYCHRL, […]

In Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318-CV, 2017 WL 3044628 (2d Cir. July 19, 2017), the Second Circuit clarified the causation standard for retaliation claims brought under the Family & Medical Leave Act of 1993 (FMLA). One FMLA regulation, 29 C.F.R. 825.220(c), provides: The Act’s prohibition against interference prohibits an employer […]

In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here […]

In Pollard v. N.Y. Methodist Hosp., No. 15-3231, 2017 WL 2818134 (2d Cir. June 30, 2017), the Second Circuit vacated the lower court’s grant of summary judgment to the defendant on plaintiff’s claim under the Family and Medical Leave Act of 1993, concluding (inter alia) that it “erred in holding that Pollard cannot, as a […]

In Padilla v. Yeshiva Univ., No. 16-4086-CV, 2017 WL 2347567 (2d Cir. June 2, 2017), the Second Circuit vacated the district court’s judgment that plaintiff failed to plausibly allege (1) retaliation under the Family and Medical Leave Act (FMLA) and (2) disability discrimination under the New York City Human Rights Law. Initially, the court summarized […]

In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining […]

In Irrera v. University of Rochester, No. 16-2004, 2017 WL 2587324 (2d Cir. June 15, 2017), the Second Circuit held that the plaintiff – a piano student at the Eastman School of Music at the University of Rochester – plausibly alleged a claim of retaliation for complaining of sexual harassment by his teacher (defendant Dr. […]

In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine […]

In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff […]