Statute of Limitations

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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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Often, the facts that give rise to employment discrimination, hostile work environment, or constructive discharge claims will give rise to state law claims such as assault, battery, or intentional infliction of emotional distress. This is what happened in Castagna v. Luceno and Majestic Kitchens. There, plaintiff alleged that her boss, Bill Luceno, engaged in physically abusive…

Read More Filing EEOC Charge Does Not Toll Statute of Limitations for Related State Tort Claims
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A case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…

Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation Claims
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Employment cases are often difficult to prove, and even the best-intentioned litigants with objectively reasonable factual and legal support for their claim(s) sometimes lose.  It happens.  Case outcomes are very difficult to predict, due to a variety of factors. A Memorandum and Order issued by Southern District Judge J. Paul Oetken last week in Tucker…

Read More Federal Judge Slams Lawyer For Making Baseless Allegations In Employment Case
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