Court: NDNY

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In Zhao-Royo v. New York State Educ. Dept., 14-CV-0935, 2017 WL 149981 (N.D.N.Y. Jan. 13, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s employment discrimination claims. As to her disparate treatment claim, it concluded that plaintiff “failed to identify circumstances justifying an inference that [alleged] incidents were actually related to Plaintiff’s…

Read More Court Dismisses Disparate Treatment Employment Discrimination Claim; Finds Comparator Evidence Insufficient and No Connection Between Brusque/Rude/Unfriendly Conduct and Protected Status
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In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under Title VII of the Civil Rights Act of 1964, as he failed to plausibly allege the existence of an “adverse employment action.” The court also dismissed plaintiff’s hostile work…

Read More Absence of “Adverse Employment Action” Results in Dismissal of Title VII Disparate-Treatment Employment Discrimination Claims
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In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment discrimination (race discrimination and retaliation) under Title VII of the Civil Rights Act of 1964. This decision illustrates the uphill – albeit not insurmountable –…

Read More Arbitration of Employment Discrimination Claim Compelled; Court Rejects Employee’s Claim That He Never Signed Arbitration Agreement
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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS;…

Read More Disability Discrimination Lawsuit Dismissed on the Pleadings; “Gay Terrorist” Email Among Allegations Failing to Meet “Plausibility” Pleading Standard
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In Case v. Onondaga Cty., No. 5:14-cv-272, 2016 WL 6781237 (N.D.N.Y. Nov. 16, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. As to plaintiff’s harassment claim, the court explained: Here, assuming, without deciding, that [alleged…

Read More Sexual Harassment Claim Dismissed in Light of Policy and Investigation
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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A recent decision, Kennedy v. Federal Express Corp, 13-cv-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016), a sexual harassment case, illustrates that proving the existence of a hostile work environment is alone insufficient to prevail. In this case, defendant conceded for purposes of its summary judgment motion that the alleged conduct of plaintiff’s supervisor created…

Read More FedEx Not Liable For Hostile Work Environment Sexual Harassment; Faragher/Ellerth Defense Cited and Applied
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In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
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In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
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