In Woolf v. Strada, 2020 WL 573386 (2d Cir. Feb. 6, 2020), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act of 1990, as amended. Specifically, the court addressed “whether Woolf’s inability to perform his particular job as a result of…
Read More Second Circuit Affirms Dismissal of Disability Discrimination ClaimIn Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…
Read More Hostile Work Environment Claim Dismissal Vacated and RemandedIn Sirois v. Long Island Railroad Company, 18-2858-cv, 2020 WL 209282 (2d Cir. Jan. 14, 2020), the court affirmed the dismissal of plaintiff’s retaliation claim under the Federal Railroad Safety Act. Plaintiff asserted that the defendant violated the FRSA by retaliating against her after she reported a work-related personal injury. The FRSA provides that a…
Read More 2d Circuit Affirms Dismissal of Federal Railroad Safety Act Retaliation ClaimIn Camoia v. City of New York, 787 Fed.Appx. 55, 57 (2d Cir. Dec. 13, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s perceived-as disability claims under the Americans with Disabilities Act and the New York State and City Human Rights Laws. In sum, plaintiff – a NYPD trainee – alleges that defendant…
Read More 2d Circuit Affirms Dismissal of NYPD Trainee’s “Perceived As Disabled” Discrimination ClaimIn Daeisadeghi v. Equinox Great Neck, Inc., 2019 WL 6843142 (2d Cir. Dec. 16, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s national origin-based hostile work environment claim. From the decision: The district court granted summary judgment in favor of Equinox after concluding that the harassment…
Read More Jokes About Accent Etc. Insufficient to Make Out Hostile Work Environment Claim, Court HoldsIn Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630 (2d Cir. Dec. 6, 2019), the court, inter alia, reinstated plaintiff’s claims – dismissed below by summary judgment – of pay discrimination, pregnancy discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendants paid her…
Read More 2d Circuit Revives Title VII Pay Discrimination ClaimIn Francis v. Kings Park Manor, Inc., No. 15-1823-cv, 2019 WL 6646495 (2d Cir. Dec. 6, 2019), the U.S. Court of Appeals for the 2nd Circuit resurrected plaintiff’s claims of race discrimination (under, inter alia, the Fair Housing Act), arising from plaintiff’s being subjected, by his next-door neighbor, to “a brazen and relentless campaign of…
Read More Fair Housing Act Covers Tenant-on-Tenant Racial Harassment, 2d Circuit HoldsIn Jones v. Target Corporation, 2019 WL 6247900 (2d Cir. Nov. 22, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. The court explained that “[r]etaliation claims under Title VII are evaluated under the familiar McDonnell Douglas three-step burden-shifting analysis” and “presume[d] that Jones has established a prima facie case…
Read More Retaliation Claim Dismissal Affirmed; Marijuana-Based Termination Not Shown to be Pretextual“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…
Read More 2d Circuit Revives Race/Gender Discrimination ClaimsIn James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment