In Connolly v. City of New York, 2022 WL 843497 (2d Cir. March 22, 2022), the court, inter alia, vacated the lower court’s dismissal (on timeliness grounds) of plaintiff’s retaliation claim. From the decision: We first address the District Court’s decision to dismiss as time-barred Connolly’s retaliation claims arising before November 20, 2013. The District…
Read More Retaliation Claim Was “Reasonably Related” to EEOC-Filed ClaimsIn Scé v. City of New York, 2022 WL 598974 (2d Cir. March 1, 2022), the Second Circuit, inter alia, vacated the district court’s award of summary judgment to defendants on plaintiff’s retaliation and aiding & abetting claims asserted in his Second Amended Complaint under the New York City Human Rights Law. (The court did,…
Read More Retaliation Claim, Involving Alleged “Baseless” Sexual Harassment Investigation, Resurrected From Summary Judgment DismissalIn Milord-Francois v. New York State Office of the Medicaid Inspector General et al, No. 20-3646-cv, 2022 WL 480477 (2d Cir. Feb. 17, 2022), the court, inter alia, vacated the district court’s award of summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Milord-Francois…
Read More Race-Based “Pretext” Employment Discrimination Claim Survives Summary JudgmentIn Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…
Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of PretextIn Gokhberg v. PNC Bank, N.A., 21-222-cv (2d Cir. Feb. 1, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal, on summary judgment, of plaintiff’s allegations the defendant terminated him in retaliation for his complaint of discriminatory lending practices based on marital status in violation of the…
Read More Retaliatory Termination Claim Dismissal Affirmed; Termination Was Based on Misconduct, Not Marital Status Lending Practices DiscriminationIn Huayuan Chen v. Stony Brook University Advancement et al, 2022 WL 289317 (2d Cir. Feb. 1, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s judgment dismissing, on summary judgment, plaintiff’s claim of national origin discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the…
Read More Second Circuit Affirms Dismissal of Chinese-Based National Origin Discrimination ClaimA recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…
Read More Hostile Work Environment Claim Dismissal Against IRS AffirmedIn Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…
Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal AffirmedIn Knope v. Merrick B. Garland et al, 20-cv-3274, 2021 WL 5183536 (2d Cir. Nov. 9, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sex- and disability-based hostile work claims asserted under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act, respectively.…
Read More Hostile Work Environment Claims Properly Dismissed; “Sporadic Conflicts” InsufficientIn Dolac v. County of Erie et al, 2021 WL 5267722 (2d Cir. Nov. 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim for “associational discrimination” asserted under the Americans with Disabilities Act. The court summarized the general law as follows: [The ADA prohibits, among…
Read More Dismissal of ADA “Associational” Disability Discrimination Claim Affirmed