Court: U.S. Court of Appeals 2nd Circuit

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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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In Smart, Kathyann v. USA Labor for Hire, Inc., RC Global Energy Group, Inc., Oleg Tsimbler, No. 24-1791, 2025 WL 1217365 (2d Cir. April 28, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s denial of defendant’s motion for new trial or remittitur on plaintiff’s claims of hostile…

Read More 2nd Circuit Holds That Jury Properly Found Hostile Work Environment, Based on Racially Derogatory and Sexist Language,
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In Cohen v. Arnot Health, Inc. et al, 2025 WL 1197854 (2d Cir. April 25, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) and the New York State Human Rights Law…

Read More Age Discrimination Claims Properly Dismissed, Absent Adverse Employment Action
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In Browne v. New York State Department of Corrections and Community Supervision, 2025 WL 1177958 (2d Cir. April 23, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award of summary judgment to the defendant on plaintiff’s claim of a race-based hostile work environment under Title VII of the Civil…

Read More Hostile Work Environment Claim Properly Dismissed; Allegedly “Racially Offensive” Poems Insufficient
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In Kelvin Hunter v. Debmar-Mercury LLC, No. 24-1229, 2025 WL 1089218 (2d Cir. April 8, 2025), the U.S. Court of Appeals for the Second Circuit addressed the issue of whether “marital status” under the NYC Human Rights Law “encompasses an employee’s marital status in relation to a particular person.” In resolving this question, the court…

Read More 2d Circuit: “Marital Status” Discrimination Under the NYC Human Rights Law Does Not Pertain to Marriage to a Specific Person
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In Knox v. CRC Management Co., LLC, No. 23-121, 2025 WL 1057862 (2d Cir. April 9, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court Order dismissing plaintiff’s claims, on summary judgment, of race- and national origin-based termination. From the decision: Knox alleges that Clean Rite’s decision to…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment, 2nd Circuit Finds
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In Tudor v. Whitehall Central School District, 2025 WL 898898 (2d Cir. March 25, 2025), the U.S. Court of Appeals for the Second Circuit – addressing a matter of first impression – vacated a lower court award of summary judgment dismissing plaintiff’s “failure to accommodate” claim under the Americans with Disabilities Act (ADA), finding that…

Read More Second Circuit Interprets Americans With Disabilities Act’s “Reasonable Accommodation” Decision
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In Bamba v. United States Department of Homeland Security, Kristi Noem, 2025 WL 670188 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal of plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Bamba’s hostile…

Read More 2nd Circuit: Title VII Race-Based Hostile Work Environment Claim Properly Dismissed
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In Karupaiyan v. Experis US Inc., ManpowerGroup US Inc et al, 2025 WL 615179 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal of plaintiff’s various discrimination claims, on the ground that plaintiff was an independent contractor, not an “employee.” From the decision: The district court also…

Read More Discrimination Claims Dismissed; Plaintiff Sought Employment as an “Independent Contractor”, Not An “Employee”
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In Ashley Newbury v. City of Niagara Falls, No. 23-7976-cv, 2025 WL 323340 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s summary judgment dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Superintendent DalPorto is…

Read More Hostile Work Environment Dismissal Affirmed; “Piece of Shit” Comment Insufficient
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