Court: WDNY

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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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In Defranco v. New York Power Authority, 20-CV-1861-LJV, 2024 WL 1621533 (W.D.N.Y. April 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability (hearing impairment) based hostile work environment asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From the decision: This Court finds that the…

Read More Hearing Impairment-Based Hostile Work Environment Claim Survives Dismissal
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In Reed v. Fortive Corporation et al, 2023 WL 4457908 (W.D.N.Y. July 11, 2023), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff alleges that her quid pro quo claim arises from her denial of McCauley’s…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed as Insufficiently Alleged
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In Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…

Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense Inapplicable
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In Grastorf v. Community Bank, N.A., No. 19-CV-1627S, 2023 WL 2266336 (W.D.N.Y. Feb. 28, 2023), the court, inter alia, granted the defendant’s motion for summary judgment dismissing plaintiff’s sex-based discrimination claim. Here, plaintiff’s case falters because she could not demonstrate that she was treated worse than a “similarly situated” person outside her protected class. The…

Read More Title VII Sex Discrimination Claim Dismissed; Alleged Comparators Were Not “Similarly Situated” to Plaintiff
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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