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

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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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In Domen v. Vimeo, Inc., 2021 WL 4352312 (2d Cir. Sept. 24, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual orientation and religion-based discrimination claims under the New York State Human Rights Law. Plaintiff, James Domen (the president and founder of the non-profit…

Read More Religious, Sexual Orientation Claims Properly Dismissed Against Vimeo Following Deletion of Account Promoting “Sexual Orientation Change Efforts” Content
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Ordinarily on this blog I write about substantive and procedural legal issues arising in employment and personal injury litigation. But recently, the U.S. Court of Appeals for the Second Circuit issued a decision (more precisely, a “Summary Order”) that is instructive on an issue that potentially arises in litigation of all types, namely, the interpretation…

Read More Second Circuit: “As Of”, in Settlement Agreement, Means “On”
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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Ragin v. Riverbay Corp., 20-2233-cv, 2021 WL 4057196 (2d Cir. Sept. 7, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s sex and disability discrimination claims. As to plaintiff’s sex discrimination claim, the court explained why the proffered “legitimate non-discriminatory” reason for plaintiff’s termination was not a “pretext” for discrimination. From…

Read More Sex Discrimination Claim Properly Dismissed on Summary Judgment; HR Director’s Failure to Act Resulting in Cost to Employer, Not Gender, Was Cause of Termination
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s order dismissing her claim of constructive discharge. (The court did, however, vacate the dismissal of plaintiff’s hostile work environment…

Read More Citing Praise of Boss and Voluntary Extension of Employment, Court Affirms Dismissal of Constructive Discharge Claim
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Retaliation Claim Dismissal (Judgment on the Pleadings) Affirmed
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