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

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According to one source, four out of 10 employees have dated someone at work. This, according to that article, “makes perfect sense [because] [t]here are more singles in the workforce than ever before, spending more than half their waking hours on the job[ and] [w]ith co-workers there’s a familiarity and commonality, not to mention proximity and…

Read More Love Can Get You Fired: Dating is Not a “Recreational Activity” Within the Meaning of New York’s “Lawful Activities” Law
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In Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…

Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”
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In Dotel v. Walmart Stores, Inc., No. 15-76-CV, 2016 WL 158466, at *1 (2d Cir. Jan. 14, 2016) (Summary Order), the Second Circuit affirmed the district court’s dismissal of plaintiff’s complaint against Walmart Stores alleging sex discrimination, hostile work environment, retaliation and intentional infliction of emotional distress. As to her hostile work environment claim, the court…

Read More Second Circuit Invokes the “Equal Opportunity Jerk” Principle in Affirming Dismissal of Plaintiff’s Sex-Based Hostile Work Environment Claim
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The tragic story of Connor Cummings, who died while trying to take a photo atop NYC’s Four Seasons Hotel, is making the rounds. Assuming Mr. Cummings was trespassing, might he have a claim? It depends. A recent Second Circuit decision, Philip v. Deutsche Bank Nat. Trust Co., No. 14-4054-CV, 2015 WL 6642978 (2d Cir. Nov. 2, 2015) (Summary…

Read More Court Affirms Dismissal of Trespasser’s Personal Injury Case
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In Bright v. Coca-Cola Refreshments USA, Inc., No. 14-4465-CV, 2015 WL 9261278 (2d Cir. Dec. 18, 2015), the Second Circuit affirmed the lower court’s decision granting summary judgment judgment, of plaintiffs’ race-based hostile work environment claims. As to the merits, the Second Circuit incorporated the district court’s analysis and conclusion, adding that “[m]any of the comments and incidents…

Read More Second Circuit Affirms Summary Judgment Dismissing Hostile Work Environment Claims; Says District Court Properly Declined to Consider Post-Deposition Affidavits
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In Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…

Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” Claim
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From Grasso v. EMA Design Automation, 14-4109 (2nd Cir. Oct 28, 2015): It is undisputed that between 2009 and 2011, defendant experienced the effects of an economic recession that caused its revenues to decline and led to cuts to its workforce, including the termination of more than a quarter of its employees between 2009 and…

Read More Reduction-In-Force Justified Termination; Retaliation Claim Dismissed
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Comments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that a comment can demonstrate evidence of retaliation existing prior to the statement. There, plaintiffs, three journeymen wiremen, asserted (among other claims) that they were subjected to age discrimination…

Read More Comments Can Evidence Pre-Existing Bias, Second Circuit Holds
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In Hofmann v. Schiavone Contracting Corp., No. 14-2861-CV, 2015 WL 7067853 (2d Cir. Nov. 13, 2015), a Summary Order, the Second Circuit affirmed the district court’s order granting summary judgment to defendants. In sum, plaintiff – a female crane operator and member of defendant International Union of Operating Engineers Local 14-14B – alleged that “John…

Read More “Sexually Inflected Dinner Conversation” and “Rudeness” Insufficient to Defeat Summary Judgment on Gender Discrimination Claim
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In Sands v. New Paltz Central School District, a race discrimination case, the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment. Citing the Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), the court explained: [A] plaintiff’s prima facie case … when combined with sufficient evidence…

Read More Second Circuit Revives Race Discrimination Case, Citing SCOTUS “Reeves” Decision
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