Court: NDNY

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In Williams v. Service Tire Truck Ctr., 2019 WL 4894106 (NDNY Oct. 4, 2019), the court reviewed a Magistrate Judge’s findings with respect to plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This decision illustrates, inter alia, how claims of race discrimination may – under certain circumstances – arise…

Read More Title VII Race Discrimination Claims Proceed; African American Man Subject to Terms His Caucasian Co-workers Were Not
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In Bailey v. Sheehan, 2019 WL 3975453 (NDNY August 22, 2019), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: There remain a number of relevant factual disputes in this case as to what conduct Defendant actually engaged in, including whether Defendant yelled at Plaintiff and…

Read More Hostile Work Environment Sexual Harassment Claim, Including “Dominatrix” Comment, Survives Summary Judgment
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In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules
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In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment
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In Rea v. New York State Dept. of Transportation, 2019 WL 1409977 (N.D.N.Y. March 28, 2019), the court granted defendant’s motion to dismiss plaintiff’s Age Discrimination in Employment Act (ADEA). In sum, the court held that the DOT may not be sued in federal court, in light of the Eleventh Amendment: The DOT is an…

Read More Age Discrimination Claim (ADEA) Against NYS Dept. of Transportation Dismissed on Eleventh Amendment Grounds
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In Baker v. Medical Answering Services, LLC, 18-cv-00870, 2019 WL 634654 (N.D.N.Y. Feb. 14, 2019), the court dismissed plaintiff’s employment discrimination complaint, finding that plaintiff did not sufficiently allege a violation of Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has, however, failed to plausibly allege circumstances giving rise to…

Read More Inference of Discrimination Not Sufficiently Alleged; Employment Discrimination Complaint Dismissed
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In Chin v. Alejandro Torres et al, 2018 WL 6435898, at *2 (N.D.N.Y. Dec. 7, 2018), the court dismissed plaintiff’s sexual harassment complaint, citing the well-established principle that Title VII of the Civil Rights Act of 1964 is not applicable against individual defendants. As summarized by the court, plaintiff “alleges that she was employed in…

Read More Court Dismisses Title VII Sexual Harassment Complaint Against Individual Defendants
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In a decision handed down yesterday, Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, granted defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based hostile work environment claim. From the decision: [T]he Court finds that…

Read More Hostile Work Environment Claim Dismissed on the Pleadings; Court Cites Absence of Racially Derogatory Statements
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