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

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In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine…

Read More Age Discrimination Claim Sufficiently Alleged; Sex and National Origin Discrimination Claims Properly Dismissed
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In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff…

Read More 2d Circuit Affirms Dismissal of Teacher’s Disability Discrimination, Hostile Work Environment, Retaliation, and Failure-to-Accommodate Claims Against Eastern Suffolk BOCES
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In Tubo v. Orange Reg’l Med. Ctr., No. 16-632-CV, 2017 WL 2180952 (2d Cir. May 17, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination, retaliation, and vacation pay/contract claims. As to her race discrimination claim, the court explained: We agree with the district court that Tubo failed to establish a prima…

Read More 2d Circuit: Race Discrimination, Retaliation, & Vacation Pay Claims Properly Dismissed
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In Zarda v. Altitude Express (2d Cir. No. 15-3775 April 18, 2017), the Second Circuit – in a per curiam opinion issued by a panel comprising Judges Jacobs, Sack, and Lynch – affirmed the summary judgment dismissal of a gay man’s claim that his employer terminated him because of his sexual orientation, in violation of…

Read More 2d Circuit En Banc Panel to Consider Sexual Orientation Discrimination Claims Under Title VII
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In Makinen v. City of New York (2d Cir. 16-973 May 22, 2017), the court certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) 7 and 8‐107(1)(a) of the New York City Administrative Code preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism? This…

Read More 2nd Circuit Certifies Question to New York Court of Appeals Regarding Disability Discrimination Claims of “Perceived Alcoholism”
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In Dickens v. Hudson Sheraton Corp. LLC, No. 16-969-CV, 2017 WL 1755941 (2d Cir. May 4, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. Plaintiff contended that he was retaliated against for his participation in a union-sponsored meeting in which he was attempting to oppose what he reasonably viewed…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claims; “Intimidating” Behavior Was Not an “Adverse Employment Action”
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In Dotson v. City of Syracuse, No. 15-3631, 2017 WL 1437131, at *2 (2d Cir. Apr. 24, 2017) (Summary Order), the Second Circuit held that the district court improperly dismissing plaintiff’s gender discrimination claim. Among other things, this decision teaches that at the “pretext” step of the discrimination claim analysis, the evidence must be considered…

Read More Gender Discrimination, But Not Retaliation, Claim Continues Against City of Syracuse; District Court Did Not Consider All Circumstances When Evaluating Pretext
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In Magnusson v. County of Suffolk, No. 16-1876-CV, 2017 WL 1958699 (2d Cir. May 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sexual harassment claims under Title VII and 42 U.S.C. 1983 (Equal Protection). The court held that plaintiff’s Title VII’s claim was appropriately dismissed, because she did not follow the…

Read More Title VII Sexual Harassment Claim Dismissed Due to Failure to Follow Internal Grievance Procedures
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In Ahmed v. Astoria Bank et al, No. 16-1389-CV, 2017 WL 1906726 (2d Cir. May 9, 2017) (Summary Order), the Second Circuit vacated a summary to defendants on plaintiff’s claims that she was subjected to a hostile work environment because she is Egyptian and Muslim, in violation of Title VII of the Civil Rights Act…

Read More Egyptian Muslim’s Hostile Work Environment Claim Against Astoria Bank Survives Summary Judgment
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Your employer says you did something wrong and fires you. You think that another co-worker did something similar, but they’re not fired. Is that unlawful discrimination? It might be. In one case, Redfern-Wallace v. Buffalo News, No. 16-3007-CV, 2017 WL 1479285 (2d Cir. Apr. 25, 2017) (Summary Order), it wasn’t. Generally, in order for a comparison…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed; Plaintiff and Alleged Comparator Were Not “Similarly Situated”
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