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

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In Sosa v. New York City Department of Education, 2020 WL 3721866 (2d Cir. July 7, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal (on summary judgment) of plaintiff’s hostile work environment claim. While plaintiff was able to muster some evidence of “offensive utterances,” the court – as have many others –…

Read More Hostile Work Environment Claim Dismissal Affirmed; “Mere Offensive Utterances” Insufficient
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In Zoll v. Northwell Health, Inc., 19-2716, 2020 WL 3493498 (2d Cir. June 29, 2020), the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who is white, asserted that she suffered two adverse actions on the…

Read More 2d Circuit Affirms Dismissal of White Plaintiff’s Title VII Race Discrimination Claim
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In Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…

Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case
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In D’Amore v. City of New York, 19-2217-cv (2d Cir. June 4, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim (on summary judgment) asserted under Title VII of the Civil Rights Act of 1964. From the decision: In 2016 the New York City Department of Correction (DOC) hired 18 D’Amore to join…

Read More Title VII Retaliation Claim Dismissal Affirmed; Argument That Reassignment Was Made For “Improper” Reasons Held Insufficient
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In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race- and national origin-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state…

Read More Hostile Work Environment Claim Dismissal Affirmed; Insufficient Details Alleged
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In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – who is of Ecuadorian national origin…

Read More Retaliation Claim Resurrected from Dismissal; 2 Months Sufficient to Allege Causation
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In Williams v. County of Nassau, 2020 WL 2703675 (2d Cir. May 26, 2020)) (Summary Order), the Second Circuit, inter alia, affirmed the lower court ‘s summary judgment dismissal of plaintiff’s hostile work environment claim. From the decision: [T]he existence of the carvings at issue, though highly offensive, were not under the specific circumstances here…

Read More Hostile Work Environment Dismissal Affirmed; Alleged Racist Etchings Insufficient
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In Campbell v. Bottling Group, LLC, 2020 WL 2563100 (2d Cir. May 21, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the district court’s dismissal (summary judgment) on plaintiff’s race-based hostile work environment claim. The court summarized the well-established black-letter law relating to hostile work environment claims: To establish a claim for hostile work…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; “Stink” Comment Insufficient
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In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case
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