Court: NDNY

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In Pachura v. Lloyd J. Austin, III, Secretary, Department of Defense, 6:21-CV-0316 (LEK/ATB), 2022 WL 1909546 (N.D.N.Y. June 3, 2022), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations, in sum, as follows: Between…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Harassment by Facebook Messenger
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In Legg et al v. Ulster County et al, 2022 WL 909045 (N.D.N.Y. March 29, 2022), the court, inter alia, held that the jury’s award of $200,000 to one sexual harassment plaintiff was excessive, and that under the facts of the case, a new trial would be granted unless they agreed to accept $75,000. The…

Read More Sexual Harassment Plaintiff’s Emotional Distress Damages Remitted to $75,000
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In Buczakowski v. Crouse Health Hospital, Inc., et al, 5:18-CV-0330 (LEK/ML), 2022 WL 356698 (N.D.N.Y. Feb. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claim asserted under the New York State Human Rights Law. From the decision: Viewing the record in the light most favorable to Plaintiff, she…

Read More Retaliation Claim Survives Summary Judgment; Evidence Included Alleged Lack of Progressive Discipline
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In Peck v. County of Onondaga et al, 21-CV-651, 2021 WL 3710546 (N.D.N.Y. Aug. 20, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim as insufficiently pled. From the decision: Peck’s allegations of gender discrimination are stronger [than her dismissed religious discrimination claim], but not by enough. The sum total of the specific allegations…

Read More Gender Discrimination Claim Insufficiently Alleged Against Onondaga County et al
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In Roberts v. The Sage Corporation et al, 20-cv-365, 2021 WL 3617670 (NDNY Aug. 16, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In contrast to Title VII discrimination and retaliation claims, hostile work environment claims involve a…

Read More Hostile Work Environment Claim Dismissed; Post-Employment Conduct Not Actionable
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In 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 Target
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In 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 Target
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In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
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In Kane v. Club Helsinki, 18-cv-01355, 2021 WL 2457150 (N.D.N.Y. June 16, 2021), the court denied defendants’ motion to dismiss plaintiff’s quid pro quo sexual harassment claim. In sum, plaintiff, a bartender, alleges that after he rebuffing sexual advances from defendant’s director of operations (Sullivan), his hours were cut and he was terminated. The court…

Read More Quid Pro Quo Sexual Harassment Claim Against Club Helsinki Survives Summary Judgment; Inconsistent Reasons For Termination Created Triable Issues of Fact as to Pretext
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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