2021

by

In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
Share This:
by

In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
Share This:
by

In Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…

Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-Barred
Share This:
by

In Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…

Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal Vacated
Share This:
by

In Mitchell v. New York City, No. 161543/2018, 2021 WL 1825353 (N.Y. Sup Ct, New York County Apr. 30, 2021), the court denied plaintiff’s motion to reargue the court’s prior decision granting summary judgment to defendants on plaintiff’s discrimination and hostile work environment claims, as well as to amend the complaint. As to the former,…

Read More Motion for Reconsideration Denied in Employment Discrimination/Hostile Work Environment Case
Share This:
by

In Long v. Corning Incorporated, 20-1370-cv (2d Cir. May 10, 2021) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims asserted under Title VII of the Civil Rights Act of 1964, on the ground that such claims were covered by a release. From the Order: On appeal Long principally argues that…

Read More Title VII Employment Discrimination Claims Were Barred by Release, Court Holds
Share This:
by

In Leach v. University at Buffalo Pediatric Associates, Inc., 2021 WL 1723129 (W.D.N.Y. April 30, 2021), the court held that plaintiff sufficiently alleged age and gender discrimination claims. From the decision: Taking Leach’s allegations as true, she has adequately pleaded the adverse action element of a claim. She states that she was offered a choice…

Read More Age and Gender Discrimination Claims, Arising From Allegation of Forced Retirement, Survive Dismissal
Share This:
by

In Albertin v. Nathan Littauer Hospital and Nursing Home, 2021 WL 1742280 (N.D.N.Y. May 4, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of overtime violations under the Fair Labor Standards Act (FLSA) and interference and retaliation under the Family and Medical Leave Act (FMLA). In this post, I…

Read More Overtime, FMLA Claims Survive Summary Judgment Against Upstate Hospital
Share This:
by

In Sears-Barnett v. Syracuse Community Health Center, Inc., 16-CV-426, 2021 WL 1202206 (N.D.N.Y. March 31 2021), the court, inter alia, dismissed plaintiff’s sexual harassment / hostile work environment claim. This case is an example of the “Faragher Ellerth” affirmative defense in action, and generally illustrates the risk associated with failing to timely assert a harassment…

Read More Sexual Harassment Complaint Dismissed; Court Cites “Two Years of Silence” Pre-Complaint
Share This:
by

In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
Share This: