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

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Recently, the Second Circuit held, in Costello v. Flatman, that the district court erred by declining to award a prevailing plaintiff attorney fees under the Americans with Disabilities Act. In this lawsuit (as explained in the district court’s March 28, 2013 opinion), wheelchair-bound plaintiff Mike Costello alleged that while visiting a Brooklyn Subway restaurant, he…

Read More Second Circuit Remands for Reconsideration of Attorney Fee Request in ADA Public Accommodation Case
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In Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of  42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…

Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation Claims
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Recently, the Second Circuit held, in Kwan v. Andalex Group, that the district court erroneously granted summary judgment to defendant on plaintiff’s retaliation claims. Plaintiff alleged that she was fired by defendant’s Chief Investment Officer about three weeks after she complained to defendant’s Chief Operations Officer about gender discrimination, namely, by asking him why she was “being…

Read More Pointing to Inconsistent Reasons for Termination, Second Circuit Vacates Dismissal of Retaliation Claims
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Often, the facts that give rise to employment discrimination, hostile work environment, or constructive discharge claims will give rise to state law claims such as assault, battery, or intentional infliction of emotional distress. This is what happened in Castagna v. Luceno and Majestic Kitchens. There, plaintiff alleged that her boss, Bill Luceno, engaged in physically abusive…

Read More Filing EEOC Charge Does Not Toll Statute of Limitations for Related State Tort Claims
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In Castagna v. Luceno and Majestic Kitchens, 2014 WL 840820 (Summary Order), the U.S. Court of Appeals for the Second Circuit recently vacated a district court’s grant of summary judgment to defendants, and held that a reasonable jury could conclude that plaintiff suffered a sex-based hostile work environment under Title VII of the Civil Rights Act of…

Read More Physical Threats Directed Solely at Women Supported Claim of Hostile Work Environment Based on Sex
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In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
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In Chepak v. Metropolitan Hospital (Summary Order), the Second Circuit recently vacated a trial court’s judgment dismissing plaintiff’s Equal Pay Act and Title VII discrimination claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court noted that “a complaint alleging workplace discrimination and retaliation need not allege specific facts…

Read More Second Circuit Revives Equal Pay Act and Title VII Discrimination Claims
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In Bynoe v. Target Corporation, the Second Circuit recently vacated the trial court’s award of summary judgment to defendant.  In this slip-and-fall case, plaintiff Bynoe sued after slipping and falling on a puddle of syrup from a fallen Del Monte fruit cup in a Brooklyn Target. The court’s decision turned on the issue of “constructive notice”.…

Read More Expert Testimony Creates Issue of Fact in Slip-and-Fall Case
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In Graves v. Deutsche Bank Securities, the Second Circuit (by Summary Order dated December 4, 2013) affirmed the dismissal of plaintiff’s claims against Deutsche Bank for age discrimination and retaliation under the federal Age Discrimination in Employment Act (ADEA) and the New York City Human Rights Law. Age Discrimination As to plaintiff’s age discrimination claim,…

Read More Court Affirms Dismissal of Age Discrimination and Retaliation Claims Against Deutsche Bank
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In Barenboim v. Starbucks, the Second Circuit (by Summary Order) yesterday held that Starbucks shift supervisors are not precluded by New York Labor Law § 196-d from sharing in tips.  The decision follows the New York Court of Appeals’ decision this summer that answered a certified question regarding the interpretation of that statute. The New York…

Read More Starbucks Shift Supervisors May Share in Tips
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