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

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In Davis v. Power Authority, 2023 WL 3064705 (2d Cir. April 25, 2023), the court, inter alia, affirmed the lower court’s order awarding summary judgment to defendant on plaintiff’s discrimination claims. From the decision: Here, even assuming a prima facie case of discrimination, Defendants provided legitimate, non-discriminatory reasons for Davis’s termination, and Davis fails to…

Read More Citing “Stray Remarks” Doctrine, Second Circuit Affirms Dismissal of Discrimination Claim
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In Buon v. Spindler, 2023 WL 2903401 (2d Cir. April 12, 2023), the court vacated the lower court’s order dismissing plaintiff’s discrimination claim. From the decision: Here, Buon has met her minimal burden by alleging facts that give rise to a plausible inference of discrimination with respect to the denial of her application to administer…

Read More Second Circuit Revives Discrimination Claims; “Mosaic” of Allegations Sufficient
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In a recent case, Gerzhgorin v. Selfhelp Community Services, Inc. et al, 2023 WL 2469824 (2d Cir. March 13, 2023), the U.S. Court of Appeals, inter alia, affirmed the lower court’s dismissal of plaintiff’s religion-based religious discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Antisemitic Comments, Deemed “Facially Neutral” by Court, Fail to Make Out Religious Discrimination Claim
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In Williams v. New York City Housing Authority, No. 21-1527-cv, 2023 WL 2171483 (2d Cir. Feb. 23, 2023), the U.S. Court of Appeals for the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: The district court erred when it identified…

Read More Second Circuit Revives Race-Based Hostile Work Environment Claim From Summary Judgment Dismissal Against NYC Housing Authority
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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Rinaldi v. Paul Mills, NICE, Christine Bonamarte, NICE Systems, Inc., NICE-Actimize, Richard Malish, Barak Eilam et al, 2022 WL 17480081 (2d Cir. Dec. 7, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. From the decision: Here, the parties do not dispute that Rinaldi established…

Read More Age Discrimination Claims Properly Dismissed; Comments re Not “Fitting In” and “Catching On” Insufficient
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In Wilson v. New York and Presbyterian Hospital et al, 2022 WL 17587564 (2d Cir. Dec. 13, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim. From the decision: Finally, Wilson argues that the district court erred in dismissing his NYSHRL sexually hostile work environment claim. It did…

Read More Hostile Work Environment Sexual Harassment Claim, Based in Part on Workplace Pornography Viewing, Properly Dismissed
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In Braunstein v. Sahara Plaza, LLC, Fairmont Hotels & Resorts (Maryland) LLC, 2022 WL 17480962 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: To succeed on a hostile work environment claim under either Title VII or the NYSHRL, Braunstein…

Read More Dismissal of Sex-Based Hostile Work Environment Claim Affirmed, Notwithstanding “Bitch”
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In Truitt v. Salisbury Bank and Trust Company, 2022 WL 14995367 (2d Cir. Oct. 27, 2022), the U.S. Court of Appeals vacated a lower court order that granted defendant summary judgment on plaintiff’s claim that defendant discriminated against him for engaging in “political activities” in violation of New York Labor Law § 201-d. In this case,…

Read More Second Circuit Vacates Dismissal of NY Labor Law § 201-d “Political Activities” Discrimination Claim
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