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

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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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In Murphy v. City of Newburgh, 2019 WL 4855691 (2d Cir. Oct. 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. While plaintiff did complain of certain treatment, her complaints did not amount to legally-actionable “protected activity.” The court…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; Disconnect From Gender Means No “Protected Activity”
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In a recent decision, Kelleher v. Fred A. Cook, Inc., 18‐2385, 2019 WL 4616715, the Second Circuit held that plaintiff sufficiently alleged a claim for “associational discrimination” under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and vacated the lower court’s decision dismissing the complaint. Here, Plaintiff alleged that he was…

Read More 2d Circuit Overturns Dismissal of ADA “Associational” Disability Discrimination Claim
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In a recent decision, Gindi v. NYC Dept. of Education, 18-3057-cv, 2019 WL 4254700 (2d Cir. Sept. 9, 2019) (Summary Order), the Second Circuit affirmed the district court’s dismissal – on statute of limitations grounds – of plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in…

Read More Title VII, ADEA, ADA Dismissal Affirmed on Statute of Limitations Grounds
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In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here, plaintiff contends that she was terminated in retaliation for filing a charge with…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; More Than One-Year Gap Too Attenuated to Show Causation
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In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court briefly summarized the law: “A hostile work environment…

Read More 2d Circuit Affirms Dismissal of Race-Based Hostile Work Environment Claim
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In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…

Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”
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In Menaker v. Hofstra University, 18-3089-cv, 2019 WL 3819631 (2d Cir. Aug. 15, 2019), the Second Circuit vacated the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized its holding(s) as follows: (1) Where a university (a) takes an adverse employment action against an…

Read More Second Circuit Vacates Dismissal of Hofstra Tennis Coach’s Sex Discrimination Claim
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In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. This decision provides a good overview of the law relating to when the conduct of an employee, amounting to a hostile work…

Read More 2d Circuit Affirms Dismissal of Hostile Work Environment Claim; Actions of Non-“Supervisor” Not Imputable to Employer
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