Court: NDNY

by

In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
Share This:
by

In Krul v. Louis DeJoy, Postmaster General, United States Postal Service, 2023 WL 8449589 (N.D.N.Y. Dec. 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on her claim of sex-based hostile work environment. While the court determined that the plaintiff satisfied the subjective component of her claim, her claim faltered on its…

Read More Sex-Based Hostile Work Environment Claim Dismissed; “Mocking” of Voice Did Not Meet “Objectively Hostile” Standard
Share This:
by

In Macri v. Herkimer County, 6:20-cv-1414 (GLS/TWD), 2023 WL 6295590 (N.D.N.Y. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile work environment claim…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Scolding, Disrespect Alone Insufficient
Share This:
by

In Rivas v. New York Lottery, 2023 WL 2968185 (N.D.N.Y. April 17, 2023), the court, inter alia, granted defendants’ to dismiss plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court provides the following synopsis of the governing law, and its application to the facts…

Read More Title VII Hostile Work Environment Claim Dismissed, Notwithstanding Allegations of Screaming, Stalking, Bullying, Etc.
Share This:
by

In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
Share This:
by

In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
Share This:
by

In Dacier v. New York State Department of Labor, 2022 WL 16855210 (N.D.N.Y. Nov. 9, 2022), the court granted defendant’s motion for summary judgment dismissing plaintiff’s failure to promote claim asserted under Title VII of the Civil Rights Act of 1964. While the plaintiff here was not successful, this decision is instructive on what a…

Read More Title VII Failure to Promote Claim Tossed on Summary Judgment; Candidates With Superior Qualifications Sought
Share This:
by

In Stern v. Denis McDonough, Secretary of Veterans Affairs, 5:18-CV-71 (MAD/TWD), 2022 WL 4236298 (N.D.N.Y. Sept. 14, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim. After summarizing the black-letter law, the court applied it to the facts, as follows: Plaintiff fails to establish that any…

Read More Sex-Based Hostile Work Environment Claim Dismissed on Summary Judgment; Sheep-Sex and Other Comments Notwithstanding
Share This:
by

In Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…

Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger Worker
Share This:
by

In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
Share This: