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

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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Burgis v. New York City Dept. of Sanitation (2d Cir. July 31, 2015), a putative class action race discrimination case brought by members of the NYC Dept. of Sanitation, the Second Circuit affirmed the dismissal of plaintiffs’ claims under the Fourteenth Amendment’s Equal Protection Clause and 42 USC 1981 and Title VII of the…

Read More Class Action Race Discrimination Case Properly Dismissed; Intent, Statistics Insufficiently Alleged
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In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination
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Most people, especially this guy, know that saying the word “bomb” in/near an airplane or airport is a bad idea. In Baez v. JetBlue, 14-2754-cv (2nd Cir. July 16, 2015), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of an irate passenger’s lawsuit arising from actions taken by JetBlue and its employee in…

Read More Airline and Agent Not Liable for False Arrest, Defamation, etc. For Reporting Angry Passenger’s Bomb Comment
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In Glatt v. Fox Searchlight Pictures (decided July 2, 2015), the Second Circuit addressed a question of first impression in this Circuit, namely, when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (FLSA). In this case, unpaid interns working on the Fox Seachlight-distributed film Black Swan or at Fox’s…

Read More Second Circuit Clarifies When Interns are “Employees”, and Entitled to Wages, Under the FLSA
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In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case
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In Leon v. NYC Dept. of Education, a Summary Order dated May 22, 2015, the Second Circuit vacated the dismissal of plaintiff’s age/disability discrimination, retaliation, and accommodation claims, and held that a finding pursuant to NY Education § 3020-a that a teacher was fired for “cause” does not necessarily preclude a viable claim for (e.g.) discriminatory termination…

Read More Employment Discrimination Claims Not Collaterally Estopped By Finding That Teacher Was Fired For “Cause” Under New York Education Law § 3020-a
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“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
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In Greathouse v. JHS Security, 12-4521-cv (2nd Cir. April 20, 2015), the Second Circuit (panel: Carney, Pooler, Korman) held that, in light of the U.S. Supreme Court’s decision in Kasten v. Saint-Gobain (2011), the FLSA’s retaliation provision (29 USC 215) is not restricted to written complaints to a government agency, but is broad enough to prohibit retaliation…

Read More Second Circuit: FLSA Anti-Retaliation Provision Covers Oral Complaints to Employer, Not Just Written Complaints to Government
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In Green v. District Council 1707, a Summary Order issued by the Second Circuit on April 17, 2015, the U.S. Court of Appeals for the Second Circuit vacated a lower court’s order dismissing plaintiff’s race discrimination claim under 42 U.S.C. § 1981. “To survive a motion to dismiss, a discrimination complaint need not allege facts…

Read More Second Circuit Vacates Dismissal of Race Discrimination Claim
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