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

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In Domen v. Vimeo, Inc., 2021 WL 922749 (2d Cir. March 11, 2021) (Pooler, Wesley, Carney), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination claims asserted against video-hosting website Vimeo. The basis for dismissal was Section 230 of the Communications Decency Act, 47 U.S. Code § 230 (“Section 230”).…

Read More Section 230 Shields Vimeo From Liability Arising From Deletion of Church’s Account
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In McEvoy v. Fairfield University, 2021 WL 613626 (2d Cir. Feb. 17, 2021) (Summary Order), the court affirmed the summary judgment dismissal of plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act of 1967. From the Order: The District Court held that McEvoy failed to show that Fairfield University’s proffered non-discriminatory explanations…

Read More Age Discrimination Dismissal Affirmed; Replacement by Younger Employee Insufficient
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A recent decision, Girard v. International Association of Approved Basketball Officials, Inc., 2021 WL 222116 (2d Cir. Jan. 22, 2021) (Summary Order), illustrates the principle that Title VII of the Civil Rights of 1964 (the primary federal anti-discrimination law) protects only “employees.” Girard, a female middle and high school basketball referee, sued defendants under Title…

Read More High/Middle School Basketball Referee Was Not a Title VII “Employee”; Gender Discrimination and Retaliation Claims Dismissed
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Martinez v. McCarthy, 2020 WL 7579516 (2d Cir. Dec. 22, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of discrimination, harassment, and retaliation claims – asserted under Title VII of the Civil Rights Act of 1964 – by plaintiff, a “dual status” employee of the U.S. Army.…

Read More Feres Doctrine Bars Title VII Discrimination Claims by “Dual Status” Army Employee
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In Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of such a claim: To establish…

Read More 2d Circuit Affirms Dismissal of Teacher’s Title VII Retaliation Claim
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In Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s same-sex sexual harassment/hostile work environment claim based on the alleged conduct of the principal (Ureña). In support of his claim that he suffered a…

Read More Same-Sex Hostile Work Environment/Sexual Harassment Claim Against NYCDOE Properly Dismissed
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In Langlois v. Hartford Board of Education et al, 2020 WL 6278722 (2d Cir. Oct. 27, 2020) (Summary Order), the court, inter alia, affirmed the dismissal on summary judgment of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court wrote: [W]e agree with the district…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Most Conduct Was “Reasonably Expected” in the School Environment
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In Green v. Mount Sinai Health System, Inc. et al, 2020 WL 6165969 (2d Cir. Oct. 22, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court held that (1) plaintiff did not engage in “protected activity”, (2) plaintiff…

Read More Retaliation Claim Dismissed; “Generalized Complaints” Did Not Constitute “Protected Activity”
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In Arroyo-Horne v. City of New York, 19-2814-cv, 2020 WL 6112273 (2d Cir. Oct. 16, 2020) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s complain asserting a violation of the Family and Medical Leave Act (FMLA). Specifically, the plaintiff failed to allege her eligibility under the statue, namely, that she worked 1,250…

Read More FMLA Claim Dismissed; Eligibility (1,250 Hours of Work Requirement) Not Alleged
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