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

by

Starbucks cup beside clear tip box Starbucks cup beside clear tip box

In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment…

Read More Age Discrimination Claims Properly Dismissed, Notwithstanding “Troubling” Conduct
Share This:
by

Green stylized overlapping P and L logo Green stylized overlapping P and L logo

In Mira v. Kingston et al, 2017 WL 4877290 (2d Cir. 16-4080-cv Oct. 30. 2017) (Summary Order), the Second Circuit held that while the district court should have addressed plaintiff’s requests to amend her complaint, the allegations in that complaint would have been dismissed in any event. Specifically, plaintiff wanted to present claims under 42 U.S.C.…

Read More Hostile Work Environment / Constructive Discharge Claim, Based on “Drug” Remark, Properly Dismissed
Share This:
by

Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

In Sandia v. Wal-Mart Stores, East LP, 2017 WL 4862427 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the district court’s award of summary judgment to defendant on plaintiff’s claims of racial and national origin discrimination, retaliation, and a hostile work environment in violation of Title VII of the Civil Rights Act of…

Read More Defamation Claim Fails; Statements to Prospective Employer Were Subject to Qualified Privilege
Share This:
by

Manhattan skyline at sunset Manhattan skyline at sunset

In Holcomb v. State University of New York at Fredonia, 2017 WL 4511381 (2d Cir. Oct. 10, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. In sum, the court held that plaintiff failed to prove that she suffered an adverse action as a result of her sexual harassment complaint. From…

Read More Sexual Harassment Complaint Was Not a “Motivating Factor” for Adverse Actions; Retaliation Claims Properly Dismissed
Share This:
by

Pospis Law PLLC logo with phone number Pospis Law PLLC logo with phone number

In Corrado v. New York State Unified Court System, 2017 WL 4534772 (2d Cir. Oct. 11, 2017), the court held that the district court properly dismissed plaintiff’s sexual harassment and retaliation claims with, as opposed to without, prejudice. After the district court dismissed several of plaintiff’s claims against the individual defendants as time-barred, plaintiff filed a…

Read More Sexual Harassment Case Properly Dismissed With, as Opposed to Without, Prejudice, Second Circuit Holds
Share This:
by

Green P and L monogram logo Green P and L monogram logo

On September 26, 2017, the U.S. Court of Appeals for the Second Circuit heard oral argument in the case of Zarda v. Altitude Express, Case No. 15-3775. At issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination “because of … sex” extends to sexual orientation. One of the interesting aspects…

Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case
Share This:
by

Green stylized PL monogram logo Green stylized PL monogram logo

In Williams v. New York Hospital Medical Center of Queens, 16-3207-cv, 2017 WL 4461020 (2d Cir. Oct. 6, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race-based failure-to-hire discrimination claim. Here are the facts, as (briefly) summarized by the court: Williams alleges that the Hospital stopped considering his employment application after a prospective…

Read More Failure-to-Hire Case Properly Dismissed, Notwithstanding “Bad” and “Unfair” Treatment
Share This:
by

Sketch of stick figure dizzy after baseball hit Sketch of stick figure dizzy after baseball hit

In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also…

Read More Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected
Share This:
by

Snow-covered stairs at 8 Street subway entrance Snow-covered stairs at 8 Street subway entrance

In Seck v. Information Management Network, 2017 WL 3879683 (2d Cir. Sept. 6, 2017) (Summary Order), the court reiterated the rule that “[a] cause of action for employment discrimination accrues from the moment of the discrete act constituting an unlawful employment practice, not from when the discriminatory motive is discovered.” Applying the law, the court held:…

Read More 2d Circuit Affirms Dismissal of Employment Discrimination Claims as Untimely; Rejects “Motive Discovery” Rule
Share This:
by

New York City skyline at golden sunset New York City skyline at golden sunset

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
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.