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

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In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…

Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
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Bible quotes and religious messages have no place inside public school classrooms. That is, basically, the takeaway from Silver v. Cheektowaga Cent. Sch. Dist., No. 16-102, 2016 WL 6584914 (2d Cir. Nov. 7, 2016) (Summary Order), which affirmed the dismissal of plaintiff teacher Joelle Silver’s claims under the First and Fourteenth Amendments. In her complaint,…

Read More 2d Circuit Affirms Dismissal of Christian Teacher’s Constitutional Claims Arising From Directive to Remove Biblical Quotes and Religious Messages From Classroom
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In McFadden v. Cty. of Monroe, No. 14-2167, 2016 WL 7107468 (2d Cir. Dec. 6, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. Municipal Liability As to municipal liability, the court explained that…

Read More Court Discusses Municipal, Individual, and “Cat’s Paw” Liability in Race Discrimination Case
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In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary judgment dismissal of plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This decision is instructive on the quantity/quality…

Read More 2d Circuit Overturns Summary Judgment as to One Transit Authority Employee’s Age Discrimination Case; “Retire” Comment Was Not a “Stray Remark”
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In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work environment/sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that two supervisors sexually harassed her…

Read More Sexual Harassment (Hostile Work Environment) & Retaliation Claims Properly Dismissed Against Time Warner Cable
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In Frederick v. JetBlue Airways Corp., No. 16-1373-CV, 2016 WL 6885714 (2d Cir. Nov. 22, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA) as being time-barred – i.e., filed…

Read More “Equitable Tolling” Does Not Save Time-Barred Discrimination Claims
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A recent decision, Forest v. NYS Office of Mental Health, No. 15-3950, 2016 WL 6917228 (2d Cir. Nov. 23, 2016) (Summary Order), illustrates that not every employer’s action qualifies as an “adverse employment action” sufficient to establish a retaliation claim under Title VII of the Civil Rights Act of 1964. In this case, the court…

Read More Title VII Retaliation Claim Properly Dismissed; Discipline Per Employer Policy and “Trivial Harms” Were Not “Adverse Employment Actions”
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In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…

Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
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In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and…

Read More Sexual Harassment, Retaliation Claims Properly Dismissed Against NYC Dept. of Education
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In Frederick v. United Bhd. of Carpenters & Joiners of Am., No. 15-1065, 2016 WL 6518812 (2d Cir. Nov. 3, 2016), the Second Circuit reminds us that Title VII of the Civil Rights Act of 1964 protects against only a subset of arguably unfair workplace conduct. In affirming the district court’s dismissal of plaintiff’s employment…

Read More Unfair, But Not Unlawful: Court Again Reminds Us of the Limitations of Title VII
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