Court: NDNY

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In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged
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In Yarrington v. Candor Central School District et al, 18-cv-1250, 2020 WL 1493920 (N.D.N.Y. March 27, 2020), the court (inter alia) granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: In order to state…

Read More Hostile Work Environment Claim Dismissed; Conduct Evidenced “Personality Conflicts”
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In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient
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In Pignone v. United Parcel Service, Inc., 2020 WL 1140509 (N.D.N.Y. March 9, 2020), the court dismissed plaintiff’s hostile work environment claim, finding that there was no act committed by defendant within the relevant statute of limitations (here, three years under the New York State Human Rights Law). (while the court denied defendant’s motion to…

Read More Court Dismisses Hostile Work Environment Claim Against UPS on Statute of Limitations Grounds
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In Rella v. New York State Office of Mental Health, 2020 WL 918767 (N.D.N.Y. Feb. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for hostile work environment under the Americans with Disabilities Act. After rejecting defendant’s argument that such claims are not cognizable under the ADA, the court turned to…

Read More Disability-Based Hostile Work Environment Claim Stated, Court Holds
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In Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…

Read More Hostile Work Environment Claim Dismissed Against Center for Disability Services
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In Barr v. Bass Pro Outdoor World, LLC, 17-cv-00378, 2019 WL 6828987 (N.D.N.Y. Dec. 13, 2019), the court granted summary judgment for defendant on plaintiff’s race-based hostile work environment claim. This case involves, inter alia, the application of the so-called “continuing violation doctrine”, and in particular the scenario where a portion of the alleged hostile…

Read More Hostile Work Environment Claim Held Time-Barred; Time Not Working for Defendant Couldn’t Be Considered
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In Doton v. City of Syracuse, 11-CV-620, 2019 WL 6337326 (NDNY Nov. 27, 2019), a gender discrimination case, the court ruled on various motions in limine with respect to evidence the parties seek to introduce at the upcoming trial. Among other issues addressed by the court, defendants sought to preclude Plaintiff from offering “me too” evidence “regarding…

Read More Court Discusses “Me Too” Evidence in Gender Discrimination Case
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a constructive discharge claim. The court’s analysis, briefly summarized below, follows and builds on its finding that plaintiff sufficiently alleged a hostile work environment (which I discussed here). The…

Read More Constructive Discharge Claims Sufficiently Alleged Against Crouse Health Hospital
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…

Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health Hospital
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