In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…
Read More Race-Based Hostile Work Environment Claim Survives Summary JudgmentDespite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…
Read More A Cautionary Tale Regarding Attorney Deposition ConductIn Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…
Read More ADEA Retaliation Claim Dismissal (Judgment on the Pleadings) AffirmedIn Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…
Read More ADEA Age Discrimination Claim Dismissal (Judgment on the Pleadings) Affirmed, Notwithstanding Ageist CommentsIn Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…
Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against TargetIn Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court explained: [T]he Court found that Plaintiff sufficiently stated…
Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against TargetA recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…
Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…
Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination ComplaintFrom Thior v. Jetblue Airways Corp., No. 161506/2017, 2021 WL 2165645, 2021 N.Y. Slip Op. 31818(U), 25–26 (N.Y. Sup Ct, New York County May 27, 2021): Plaintiff argues that within a month of commencing this action in late December 2017, having previously brought claims before the EEOC and the federal district court, and within about…
Read More JetBlue Pilot’s Retaliation Claim Under the NYCHRL Survives DismissalIn Bockus v. Maple Pro, Inc., 850 Fed.Appx. 48 (2d Cir. March 19, 2021) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: The complaint alleges that Bockus was terminated because he is a…
Read More “Reverse” Sex Discrimination Claim, Asserted by Male Employee, Properly Dismissed, Second Circuit Holds