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

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In Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…

Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Case
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In Dooley v. JetBlue Airways Corp., 17-2899 (2d Cir. Sept. 25, 2018) (Summary Order) affirmed the district court’s summary judgment dismissal,[1]Dooley v. JetBlue Airways Corp., No. 14-CV-4432, 2017 WL 3738721 (S.D.N.Y. Aug. 29, 2017.) following discovery, of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). The court explained, inter alia: “Although Dooley disputes…

Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim Against JetBlue
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In Berrie v. Board of Education of Port Chester-Rye Union Free School District, 2018 WL 4462587 (2d Cir. Sept. 18, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination/hostile work environment claims. This case illustrates how courts apply the “severe or pervasive” standard when evaluating hostile work environment claims. Here, unfortunately,…

Read More Hostile Work Environment Claims Dismissed; Eleven Incidents Over Five Years Insufficient
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In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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In Cargian v. Breitling USA, Inc., No. 16-3592-cv, 2018 WL 4293325 (2d Cir. Sept. 10, 2018) (Summary Order), the Second Circuit vacated and remanded a prior order granting summary judgment to defendant in plaintiff’s sexual orientation discrimination case asserted under, inter alia, Title VII of the Civil Rights Act of 1964. The basis for this…

Read More 2d Circuit Revives Sexual Orientation Discrimination Case Against Breitling in Light of Zarda Ruling
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In Johnson v. Schmid et al, 17-3196 (2d Cir. Sept. 7, 2018) (Summary Order), an employment (race) discrimination case asserted under Title VII of the Civil Rights Act of 1964, the Second Circuit affirmed the district court’s award of summary judgment to defendants. Plaintiff, a black social worker trainee, proffered three grounds for why his…

Read More Title VII Race Discrimination Dismissal Affirmed; Comparators Were Not “Similarly Situated;” Racial Slur Introduced Too Late
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From Johnson v. Schmid et al, 2018 WL 4261672 (2d Cir. Sept. 7, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. From the Order: First, a plaintiff may establish an inference of discrimination by establishing “that a similarly situated employee not in the relevant protected group received better…

Read More Race Discrimination Claim Properly Dismissed; Court Cites Insufficient Comparator Evidence
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in Tillery v. New York State Office of Alcoholism and Substance Abuse Services, 2018 WL 3098881 (2d Cir. June 25, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disparate treatment, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. As to her disparate treatment claim, plaintiff…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against NYS Office of Alcoholism & Substance Abuse Services
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In a recent decision, Russell v. New York University, 2018 WL 3115795 (C.A.2 June 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim. This case is instructive as to when an alleged harasser’s conduct may be “imputed” to an entity defendant/employer. The law: To prevail on a hostile work…

Read More Alleged Hostile Work Environment Not Imputable to NYU
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In Kimball v. Village of Painted Post, 2018 WL 2944337 (2d Cir. June 11, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. In discussing plaintiff’s allegation of a hostile work environment based on pornography in the office, the court explained: [Plaintiff] has failed to establish that any…

Read More Hostile Work Environment Claim Properly Dismissed; Allegations re Pornography Insufficient
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