Court: WDNY

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In Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…

Read More Age and Disability-Based Hostile Work Environment Claims Dismissed
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In Zimpfer v. Hilbert College, Case No. 1:21-cv-231, 2025 WL 1758266 (W.D.N.Y. June 25, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under the (amended) New York State Human Rights Law. From the decision: As to the NYSHRL hostile-work-environment claim, Defendants cite authority indicating that…

Read More Hostile Work Environment Claim Sufficient to Withstand Summary Judgment Under Newly-Amended NYS Human Rights Law
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In Kozak v. Office Depot, Inc., 2025 WL 898979 (W.D.N.Y. March 25, 2025), the court, inter alia, held that defendant’s motion for summary judgment should have been denied – and thus disagreed with the Magistrate Judge’s decision to the contrary – as to plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights…

Read More Title VII Sex Discrimination Claim Survives Summary Judgment; Sexual Harassment Claim Was “Inextricably Intertwined” With Termination Decision
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
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In Cordaro v. Lloyd J. Austin III, 6:22-CV-06027 EAW, 2024 WL 4248965 (W.D.N.Y. Sept. 20, 2024), the court denied plaintiff’s motion for reconsideration of the court’s dismissal of plaintiff’s disability discrimination claims, on the ground that plaintiff failed to exhaust his administrative remedies. From the decision: Plaintiff argues that because more men than women have…

Read More Gender Discrimination Claim Was Not “Administratively Exhausted”
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In Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives Dismissal
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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law as follows: “Under Title VII, an employee…

Read More Race-Based Hostile Work Environment Claim Plausibly Alleged Against Buffalo Municipal Housing Authority
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In Rodriguez v. Buffalo Municipal Housing Authority, 23-CV-87-LJV, 2024 WL 3861247 (W.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie case of discrimination under Title VII, the…

Read More Title VII Race Discrimination Claim Sufficiently Alleged Against the Buffalo Municipal Housing Authority
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In Rolley v. Modern Disposal Services, Inc. et al, 21-CV-1229-LJV, 2024 WL 3819410 (W.D.N.Y. August 14, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The defendants argue that Rolley’s hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Modern Disposal Services
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In Brunt-Piehler v. Absolute Software, Inc. et al, 6:16-CV-06313 EAW, 2024 WL 3765523 (W.D.N.Y. August 13, 2024), the court, inter alia, vacated a jury verdict in plaintiff’s favor on her retaliation claim under the New York State Human Rights Law. This decision is instructive as to the “protected activity” element of a retaliation claim. The…

Read More Retaliation Verdict Vacated, Absent Evidence of “Protected Activity”
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