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

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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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In Puleo v. Masonic Medical Research Institute et al, 2025 WL 45393 (2d Cir. Jan. 8, 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s determination that defendants were entitled to summary judgment on plaintiff’s age discrimination claims. From the decision: Puleo’s claim for age discrimination under the ADEA is…

Read More Age Discrimination Dismissal Upheld; Replacement by Younger Worker Insufficient
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In Qorrolli v. Metropolitan Dental Associates, 2024 WL 5194887 (2d Cir. Dec. 23, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claims of retaliation, on the ground that plaintiff did not engage in “protected activity.” From the decision: Finally,…

Read More Rejection of Sexual Advances Did Not Constitute “Protected Activity” For Retaliation Claim, 2nd Circuit Holds
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In Yerdon v. New York State Department of Motor Vehicles, 20 F.4th 1150 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit held that the Eleventh Amendment barred plaintiff’s claim of disability discrimination unser the Americans with Disabilities Act (ADA). From the decision: Because Congress did not identify a history and pattern…

Read More Eleventh Amendment Bars ADA Disability Discrimination Claim Against NY DMV, Second Circuit Holds
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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In Riggins v. Town of Berlin, 2024 WL 2972896 (2d Cir. June 13, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissing plaintiff’s complaint alleging a hostile work environment sexual harassment. In this case, in sum, plaintiff alleges, among other things, that her employer (the Town of…

Read More Hostile Work Environment Sexual Harassment Claim Resurrected From Summary Judgment as to Insufficiency of Employer’s Response to Alleged Harassment
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Adams v. Equinox Holdings, Inc., 2024 WL 1787108 (2d Cir. Apr. 25, 2024) the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment dismissing plaintiff’s claims of discrimination asserted under the Age discrimination in Employment Act and the New York City Human Rights Law. From the decision:…

Read More 2d Circuit Affirms Summary Judgment for Equinox on Age Discrimination Claims
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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