Court: NDNY

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In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court – applying the “continuing violation doctrine” – held that plaintiff sufficiently alleged a timely hostile work environment claim against the defendants.[1]The court also held, inter alia, that plaintiff’s discrimination claims survive dismissal. From the decision: Like Plaintiff’s discrimination claim, her hostile…

Read More Hostile Work Environment Claim Survives Dismissal; Court Applies the “Continuing Violations Doctrine”
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In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…

Read More Sexual Harassment “Label” Insufficient; Claim Dismissed
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In Montanez v. McDean LLC, No. 16-cv-447, 2018 WL 1183688 (N.D.N.Y. March 6, 2018), the court granted defendant’s motion for summary judgment as to plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. After explaining the legal standard for making out a hostile work environment claim,…

Read More Sexual Harassment Claim Dismissed; “Quickly Rebuffed” “Suggestive Remarks” Insufficient
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In Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However,…

Read More Court Dismisses National Origin Discrimination, Hostile Work Environment Claims; No Basis to Infer Anti-Vietnamese Animus
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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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In Chandler v. Houghton Mifflin Harcourt Publishing Co. et al, 2018 WL 357294 (N.D.N.Y. Jan. 10, 2018), the court dismissed plaintiff’s claims of, inter alia, sexual harassment. In an attempt to evade dismissal, plaintiff argued that the terms of the Separation Agreement and Release she executed “have been invalidated due to the actions of Defendant”…

Read More Sexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions
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From JAMES R. FREZZELL, Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR, et al., Defendants. Additional Party Names: Heather Romano, John Triller, Justin Heinbuch, Margaret Sheehan-Nolan, Marty Selleck, Robert Young, Sara Harms, Symone Wango, 2017 WL 5054722, at *7 (N.D.N.Y., 2017): Plaintiff’s claim that Harms created a hostile work environment by “giving [him] the evil eye,…

Read More “Evil Eye”, Work Scrutiny Insufficient to Make Out Hostile Work Environment Claim
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In Featherstone v. Cornell University, 17-cv-565, 2017 WL 4736738 (NDNY Oct. 19, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff had initially asserted her claims at the New York State Division of Human Rights, which – after an investigation – found that there was no probable cause to…

Read More Title VII Discrimination, Hostile Work Environment, Retaliation Claims Dismissed on Collateral Estoppel Grounds Following NYSDHR Dismissal
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From McMahon v. Tomkins County, 16-CV-922, 2017 WL 4443884 (N.D.N.Y. Oct. 4, 2017) (J. Hurd): In determining whether a plaintiff suffered a hostile work environment, [a court] must consider the totality of the circumstances, including ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether…

Read More Hostile Work Environment Claim Dismissed; Unpleasantness Was Unrelated to Protected Characteristics
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also…

Read More NDNY Upholds Sexual Harassment/Hostile Work Environment Jury Verdict for Plaintiff Corrections Officer
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