Court: NDNY

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In Szwalla v. Time Warner Cable, LLC, No. 3:13-CV-713 MAD/DEP, 2015 WL 5708538 (N.D.N.Y. Sept. 29, 2015), the court explained and applied the so-called “Faragher-Ellerth” affirmative defense to a hostile work environment claim. In this case, plaintiff (an account executive for the Time Warner defendants) alleged that defendants engaged in sexual harassment, subjected her to a…

Read More Court Applies “Faragher-Ellerth” Defense to Dismiss Plaintiff’s Sexual Harassment/Hostile Work Environment Title VII Claim
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In Stevens v. Rite Aid Corp., No. 6:13-CV-783, 2015 WL 5602949 (N.D.N.Y. Sept. 23, 2015), a disability discrimination case, plaintiff – a pharmacist working for Rite Aid – alleged that defendant violated the Americans with Disabilities Act and the New York State Human Rights Law by discharging him because of his disability (trypanophobia), failing to provide him…

Read More Court Upholds Disability Discrimination Jury Verdict For for Needle-Fearing Pharmacist
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Subway has been associated with some bad press lately. Below is a sexual harassment lawsuit, captioned EEOC v. Draper Development LLC d/b/a Subway, 15-cv-00877 (NDNY 7/21/15), filed against an upstate Subway franchisee. The lawsuit alleges that Defendant violated Title VII of the Civil Rights Act of 1964 and specifically that: Defendant … discriminated against the Charging…

Read More EEOC Files Sexual Harassment Lawsuit Against Upstate Subway Franchisee
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In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim
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In Rock v. Blaine, 2015 WL 3795886 (NDNY June 17, 2015), the court denied defendant State of New York’s motion to dismiss plaintiff’s retaliation claim against it. Plaintiff, a corrections officer, sued the State of New York and three individuals under Title VII of the Civil Rights Act of 1964, alleging retaliation for making a…

Read More Female Corrections Officer Sufficiently Alleges Retaliation Against the State of New York
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In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981.…

Read More Hostile Work Environment Claims Under 42 USC 1981 and State Human Rights Law Continue
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In Heiser v. Collorafi et al. (NDNY March 9, 2015), the U.S. District Court for the Northern District of New York held that plaintiff, a former employee of the New York State Division of Homeland Security and Emergency Services, sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of…

Read More Inappropriate Emails and Sexual Comments Plausibly Support Sexual Harassment Hostile Work Environment Claim
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In McCaskill v. Shoprite Supermarket (NDNY 1/30/15), the Northern District of New York granted defendant’s motion for summary judgmetn dismissing plaintiff’s race discrimination claim. Stray Remarks As part of his opposition to defendant’s motion, plaintiff contended “that his termination was motivated by racial discrimination because, inter alia, he overheard a derogatory racist remark directed towards…

Read More Court Applies “Stray Remark” Doctrine to Dismiss Race Discrimination Lawsuit Against Shop Rite
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In Dziedzic v. State University of New York at Oswego (decided Dec. 19, 2014), the Northern District of New York reiterated that, in order to establish a hostile work environment under Title VII of the Civil Rights Act of 1964, a plaintiff must establish two elements: [1] the workplace is permeated with discriminatory intimidation, ridicule,…

Read More Court Reiterates That Actionable Hostile Work Environment Must Be Related to Protected Class/Status
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In Vosburgh v. American Nat. Red Cross, 2014 WL 4826688 (N.D.N.Y. Sept. 29, 2014), the court denied defendant’s summary judgment motion regarding plaintiff’s retaliation claim (but granted it regarding plaintiff’s wage and individual liability claims). As to her retaliation claim, the court held: [T]o prevail at the pretext stage of the McDonnell–Douglas analysis, a plaintiff must show…

Read More Hostility to Employee’s Alleged “Disloyal” Conduct Supports Retaliation Claim
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