Court: NDNY

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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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In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court discussed and applied the “continuing violation” doctrine/exception under Title VII of the Civil Rights Act of 1964. (I addressed other aspects of this case, including the court’s dismissal of plaintiff’s “perceived as Muslim” discrimination claim, here.) The court summarized…

Read More Court, Finding “Continuing Violation Doctrine” Inapplicable, Dismisses Title VII Discrimination Claims as Time Barred
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite’s Retaliation Claim, Arising From Mistreatment After Requesting Long hair Reasonable Accommodation, Survives Dismissal
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In Phillips v. Central New York Psychiatric Center, No. 16-cv-0219, 2017 WL 2869938 (N.D.N.Y. July 5, 2017), the court articulated and applied the legal framework for evaluating comments as evidence of unlawful discrimination. The court explained: Verbal comments provide evidence of discriminatory intent when the plaintiff shows that a nexus exists between the allegedly discriminatory…

Read More Race/Gender Discrimination Claims Dismissed; “Sloppy” Remark Was Not Race-Based
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In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Staring, Inappropriate Name-Calling, & Unsolicited Touching
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In Dole v. Town of Bethlehem, No. 1:16-CV-0173 (DJS), 2017 WL 1483451 (N.D.N.Y. Apr. 25, 2017), the court dismissed plaintiff’s sexual harassment case. Plaintiff, a police officer, alleged that “she was subjected to sexual harassment and a hostile work environment when Officer Craig Sleurs [whom plaintiff dated] sent her numerous harassing and threatening text messages…

Read More Sexual Harassment Case Dismissed; Harassment Was Not Motivated by Victim’s Sex, But Rather By Failed Personal Relationship
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In Fish v. 1295 Aroxy Cleaners, No. 15-cv-102, 2017 WL 1496244 (N.D.N.Y. Apr. 26, 2017), a sexual harassment hostile work environment case, the court denied defendants’ motion for summary judgment. Here are the facts, as summarized by the court: According to [plaintiff] Fish, [plaintiff’s primary supervisor Hagop] Poladian began sexually harassing her at the end…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Touching of Intimate Body Parts
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In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Read More Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged
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