Constructive Discharge

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In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…

Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary Judgment
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In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims
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In Cadet v. Deutsche Bank Securities, 11-cv-7964, 2013 WL 3090690 (SDNY June 18, 2013), decided on June 18, 2013, the Southern District of New York (McMahon, J.) denied defendants’ motion for summary judgment as to plaintiff’s race discrimination claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, but dismissed his…

Read More Plaintiff’s Title VII and Section 1981 Race Discrimination Claims Survive in Part
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In a recent Summary Order, the Second Circuit vacated a summary judgment, holding that the reduction of the plaintiff’s salary may have amounted to a “constructive discharge” without cause which would entitle plaintiff to severance payments under his employment contract/offer letter.  The case is Scott v. Harris Interactive, Inc., 12-1414 (2d Cir. Feb. 20, 2013).…

Read More Salary Reduction May Support Claim for Constructive Discharge
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Last week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney.  Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…

Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law Firm
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