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

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In 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 Pretext
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In 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 Discrimination
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In 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 Claim
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A 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 Affirmed
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In 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 Affirmed
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In 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” Insufficient
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In 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
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In 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 discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the relevant “black letter” law, the…

Read More Sex Discrimination Claim Dismissal Affirmed; Court Notes Lack of Detail Surrounding Accommodation Provided to Male Employee
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In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
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In Gorbea v. Verizon New York Incorporated, 2021 WL 4851389 (2d Cir. Oct. 19, 2021), the court affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act. The court summarized the elements for discrimination and failure-to-accommodate claims under the ADA. For a discrimination claim, a plaintiff must show by a preponderance…

Read More ADA Disability Discrimination Claim Dismissal Affirmed; Inability to Show Up for Work Fatal
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