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

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In Kpaka v. City University of New York, 2017 WL 3866642 (2d Cir. 16-3527 Sept. 5, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. The court explained the standards applicable to evaluating the sufficiency of a discrimination claim: To…

Read More Second Circuit Affirms Dismissal of Race Discrimination Claims as Time-Barred and Based on Different Treatment of a Non-Similarly-Situated White Employee
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination and retaliation claims. As to plaintiff’s retaliation claim, the court explained: It is true that, roughly five months prior to her termination, Caruso had filed a…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Finding That Termination Was Caused by Fight With Co-Worker, Rather Than Sexual Harassment Complaint
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the Second Circuit (among other things) affirmed the district court’s dismissal of plaintiff’s constructive discharge claim. The court explained that “[t]he constructive-discharge doctrine contemplates a situation in which an employer discriminates against an…

Read More Constructive Discharge Claim Properly Dismissed, 2d Circuit Holds
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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the court addressed the following issue: whether a cause of action under Title VII can be based on notice to an employee of a termination of employment effective in approximately three weeks, that…

Read More 2d Circuit Holds That Title VII Claim May Be Based on Subsequently-Revoked Notice of Termination
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Here is the United States’ amicus brief in Zarda v. Altitude Express (2d Cir. 15-3775 July 26, 2017), in which the government argues that Title VII of the Civil Rights Act of 1964 should not be interpreted to cover employment discrimination based on on employee’s sexual orientation. The government argues, inter alia: The question presented is not…

Read More U.S. Government Files Amicus Brief Arguing Against Interpreting Title VII to Cover Employment Discrimination Based on Sexual Orientation
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In McLeod v. The Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3049541 (2d Cir. July 19, 2017) (Summary Order), the Second Circuit vacated a lower court’s award of summary judgment to defendant employer on plaintiff’s sexual harassment hostile work environment claim. Among other things, the court reiterated that it is improper for a…

Read More 2d Circuit Vacates Summary Judgment for Defendant on Hostile Work Environment Claim; Warns Lower Courts That All Circumstances Must Be Considered
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From McLeod v. Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3044626 (2d Cir. July 19, 2017): Here, had the district court considered McLeod’s handwritten factual allegations alone, it would have been required to construe McLeod as having asserted claims under the NYSHRL and NYCHRL.1 McLeod’s allegations clearly suggest claims under the NYSHRL and NYCHRL,…

Read More 2d Circuit Vacates Dismissal of Sexual Harassment Claims Under New York State and City Human Rights Laws; Pro Se Plaintiff’s Failure to Check Boxes Not Fatal
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In Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318-CV, 2017 WL 3044628 (2d Cir. July 19, 2017), the Second Circuit clarified the causation standard for retaliation claims brought under the Family & Medical Leave Act of 1993 (FMLA). One FMLA regulation, 29 C.F.R. 825.220(c), provides: The Act’s prohibition against interference prohibits an employer…

Read More 2d Circuit Adopts “Negative Factor”, Rather Than “But For”, Causation Standard For FMLA Retaliation Claims
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In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here…

Read More 2d Circuit, Citing Plaintiff’s “Unacceptable Behavior”, Affirms Dismissal of Doctor’s Discrimination Claims
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