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

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In Zarda v. Altitude Express, Inc. (2d Cir. 15-3775 Feb. 26, 2018) (en banc), decided today by an en banc (i.e., full) Second Circuit panel, held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” extends to sexual orientation. The court’s 69-page majority opinion aligns Second Circuit law with positions…

Read More 2d Circuit Holds, En Banc, That Title VII Prohibits Discrimination Based on Sexual Orientation
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The law is well-settled that in order to file a claim for employment discrimination under Title VII of the Civil Rights Act of 1964 in federal court, a plaintiff “must first pursue available administrative remedies and file a timely complaint with the [U.S. Equal Employment Opportunity Commission].” See 42 U.S.C. § 2000e–5(e) and (f). This…

Read More 2d Circuit: Defendant Has Burden on “Administrative Exhaustion” For Title VII Employment Discrimination Claims
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In Picarella v. HSBC Securities (USA) Inc., 2018 WL 627517 (2d Cir. Jan. 31, 2018) (Summary Order) – an employment discrimination case – the Second Circuit declined to upset a jury verdict and resulting judgment in favor of defendant HSBC. Plaintiff asserted claims of retaliation under Title VII of the Civil Rights Act of 1964…

Read More 2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not Improper
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From DeBello v. VolumeCocomo Apparel, Inc., 2017 WL 6616704, at *3 (C.A.2 (N.Y.), 2017): We conclude … that in the circumstances here, DeBello’s public policy argument does not overcome the presumption that “a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases.” Atl. Marine, 134 S.Ct. at 581 (alteration in…

Read More 2d Circuit: Employment Agreement’s Venue Selection Clause Trumps Title VII’s Venue Provision
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In Gachette v. Metro North-High Bridge, 2018 WL 456723 (2d Cir. Jan. 18, 2018) (Summary Order), the Second Circuit vacated the district court’s dismissal of plaintiff’s disparate treatment claims, in light of an unresolved discovery dispute. From the Order: At the start, we conclude that vacatur is appropriate as to Gachette’s claims of disparate treatment…

Read More Employment Discrimination Claims Should Not Have Been Dismissed in Light of Discovery Dispute
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In McGuire-Welch v. The House of the Good Shepherd, 16-4095, 2018 WL 443487 (2d Cir. Jan. 17, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. The court applied the principle that “anti-discrimination law does not…

Read More Stupid and Wicked? Maybe. Discrimination? Not Necessarily
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In Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…

Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”
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In MacCluskey v. University of Connecticut Health Center, 2017 WL 6463200 (2d Cir. Dec. 19, 2017) (Summary Order), the Second Circuit affirmed the lower court’s judgment following a jury verdict in favor of plaintiff on her sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The court framed…

Read More Sexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to Employer
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In Dunn v. URS Corp., 2017 WL 5952704 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s claims of discriminatory termination, denials of salary increases, and failure to rehire on the basis of race, in violation of Title VII of the Civil Rights…

Read More 2d Circuit Affirms Dismissal of Race Discrimination Claims; Inference of Discrimination Not Shown
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In Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other Reasons
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