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

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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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In Romero v. St. Vincent’s Services, Inc., 2023 WL 3477161 (2d Cir. May 16, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s claims of gender and pregnancy discrimination. From the decision, regarding plaintiff’s claims asserted under Title VII of the Civil Rights Act of 1964: We…

Read More Pretext Not Shown in Gender/Pregnancy Discrimination Case; Dismissal Affirmed
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In Amy Cooper v. Franklin Templeton Investments, 2023 WL 3882977, (2d Cir. June 8, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of employment discrimination claims asserted by Amy Cooper – yes, that Amy Cooper. – against her employer. From the decision: We agree with the district court that Plaintiff…

Read More Amy Cooper’s Employment Discrimination Claims Properly Dismissed, Second Circuit Holds
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In a recent decision, Briggs v. SCO Family of Services et al, 2023 WL 3589896, (2d Cir. May 23, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s retaliation asserted pursuant to Title VII of the Civil Rights Act of 1964. This decision illustrates that a retaliation claim will be undermined where…

Read More Title VII Retaliation Claim Dismissal Affirmed; Adverse Actions Preceded Protected Activity
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In Bayat v. Accenture Corporation LLC, 2023 WL 3563037 (2d Cir. May 19, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Bayat’s…

Read More title VII Discrimination Claim Dismissal Against Accenture Affirmed
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In Freud v. New York City Department of Education et al, 2023 WL 3103588 (2d Cir. April 27, 2023), the court affirmed the dismissal of plaintiff’s religion-based hostile work environment claim. From the decision: Freud has also failed to state a claim for hostile work environment, which requires him to plausibly allege that “the workplace…

Read More Title VII Religion-Based Hostile Work Environment Claim Properly Dismissed, 2d Circuit Holds
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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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