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

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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In Stanley v. Elmer Phelon et al, 23-731-cv, 2024 WL 1453872 (2d Cir. April 4, 2024), the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work claim under the Rehabilitation Act. From the decision: Stanley argues that the district court erred by dismissing his hostile work environment claim under the Rehabilitation…

Read More Hostile Work Environment Claim Properly Dismissed, Absent Link Between Alleged Misconduct and Kidney Disease
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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In King v. Aramark Services Inc., No. 22-1237, 2024 WL 1188985 (2d Cir. March 20, 2024), the court, inter alia, vacated the summary judgment dismissal of plaintiff’s claim of sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision discusses and applies the “continuing violation doctrine”, which operates…

Read More 2d Circuit Vacates Dismissal of Sex-Based Title VII Sex-Based Hostile Work Environment Claim on Timeliness Grounds
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In Clawson v. The City of Albany Department of Fire & Emergency, 2024 WL 1044531 (2d Cir. March 11, 2024), the U.S. Court of Appeals for the Second Department affirmed the district court’s award of summary judgment on plaintiff’s claim of race-discrimination – specifically, that defendant rescinded plaintiff’s promotion because of his race. From the…

Read More 2d Circuit Upholds Denial of Alleged Race-Based Discriminatory Promotion Rescission
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In Phillips v. Fashion Institute of Technology et al, No. 23-375-cv, 2024 WL 1005500 (2d Cir. March 8, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court’s summary judgment on her retaliatory hostile work environment claims against an individual defendant who, according to plaintiff, threatened to “kill” her.…

Read More 2nd Circuit Vacates Dismissal of Black FIT Employee’s Retaliatory Hostile Work Environment Claims
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In Moll v. Telesector Resources Group, Inc., No. 20-3599, 2024 WL 820179 (2d Cir. Feb. 28, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order dismissing plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: In…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Title VII Hostile Work Environment Claim
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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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