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 JudgmentIn 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) AffirmedIn 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 Age Discrimination Claim Dismissal (Judgment on the Pleadings) Affirmed, Notwithstanding Ageist CommentsIn Bockus v. Maple Pro, Inc., 850 Fed.Appx. 48 (2d Cir. March 19, 2021) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: The complaint alleges that Bockus was terminated because he is a…
Read More “Reverse” Sex Discrimination Claim, Asserted by Male Employee, Properly Dismissed, Second Circuit HoldsIn Edo v. Antika Pizzeria Astoria, Inc., 2021 WL 2451661 (2d Cir. June 16, 2021) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s employment discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. In this case, the court discussed and applied…
Read More Employment Discrimination Claims, Filed 114 Days After Receiving EEOC Right-to-Sue-Letter, Dismissed as Untimely; “Equitable Tolling” Held InapplicableIn Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…
Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit AuthorityIn Quinones v. City of Binghamton et al, Docket No. 20-3078, 2021 WL 1898117 (2d Cir. May 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint, which was based on its holding that he failed to articulate any discrimination claim. It held that…
Read More Race (Hispanic) Discrimination Section 1981 Claim Alleged by Complaint; Dismissal VacatedIn Long v. Corning Incorporated, 20-1370-cv (2d Cir. May 10, 2021) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims asserted under Title VII of the Civil Rights Act of 1964, on the ground that such claims were covered by a release. From the Order: On appeal Long principally argues that…
Read More Title VII Employment Discrimination Claims Were Barred by Release, Court HoldsIn Sapio v. Selux Corporation et al, 2021 WL 1568819 (2d Cir. April 22, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s dismissal of plaintiff’s race discrimination claim asserted under 42 USC § 1981. From the Order: The District Court dismissed Sapio’s Section 1981 claim on the…
Read More Race Discrimination Dismissal Vacated; Court Cites Allegedly False Reasons For TerminationIn Francis v. Kings Park Manor, Inc., 2021 WL 1137441 (2d Cir. March 25, 2021), in an en banc decision, the court addressed the following issue: Does a plaintiff state a claim under the Fair Housing Act of 1968 (“FHA”) for intentional discrimination by alleging that his landlord failed to respond to reports of race-based harassment by…
Read More Second Circuit Affirms Dismissal of Tenant-on-Tenant Racial Harassment Case Under the Fair Housing Act