2017

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In Griffin v. Sirva, Inc., No. 35, 2017 WL 1712423 (N.Y. May 4, 2017), the New York Court of Appeals addressed three certified questions – posed to it by the U.S. Court of Appeals for the Second Circuit[1]Griffin v. Sirva Inc., 835 F3d 283 (2d Cir. 2016) – regarding liability under the New York State…

Read More Court of Appeals Clarifies Liability Under the NYS Human Rights Law Regarding Discrimination Based on Criminal Conviction
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Your employer says you did something wrong and fires you. You think that another co-worker did something similar, but they’re not fired. Is that unlawful discrimination? It might be. In one case, Redfern-Wallace v. Buffalo News, No. 16-3007-CV, 2017 WL 1479285 (2d Cir. Apr. 25, 2017) (Summary Order), it wasn’t. Generally, in order for a comparison…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed; Plaintiff and Alleged Comparator Were Not “Similarly Situated”
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In Small v. State of New York et al, 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…

Read More Prison Teacher’s Hostile Work Environment and Retaliation Claims Continue
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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…

Read More “Sausage Text Message” Among Evidence Leading to Sexual Harassment Claim Surviving Summary Judgment
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In Johnstone v. Village of Monticello & Gordon Jenkins, No. 16-2225, 2017 WL 1521475 (2d Cir. Apr. 28, 2017) (Summary Order), the Second Circuit affirmed the dismissal of a race-based hostile work environment claim asserted by a white police officer. This case is unique, for at least the reason that the comments giving rise to…

Read More 2d Circuit Affirms Dismissal of White Police Officer’s Hostile Work Environment Case Arising From Anti-White Comments by African American Arrestee
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In Dole v. Town of Bethlehem, No. 1:16-CV-0173 (DJS), 2017 WL 1483451 (N.D.N.Y. Apr. 25, 2017), the court dismissed plaintiff’s sexual harassment case. Plaintiff, a police officer, alleged that “she was subjected to sexual harassment and a hostile work environment when Officer Craig Sleurs [whom plaintiff dated] sent her numerous harassing and threatening text messages…

Read More Sexual Harassment Case Dismissed; Harassment Was Not Motivated by Victim’s Sex, But Rather By Failed Personal Relationship
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In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the…

Read More Employment Discrimination Claims Dismissed; Complaint Did Not Allege Non-Preferential Treatment, Age- or Gender-Based Remarks, Etc.
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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…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Touching of Intimate Body Parts
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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

Read More Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case
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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…

Read More Second Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
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