Court: WDNY

In Mula v. AbbVie, Inc., 15-CV-6563-FPG, 2018 WL 501277 (W.D.N.Y. Jan. 22, 2018), the court granted summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. In sum, plaintiff alleged that she was sexually harassed by her supervisor (McCutchan) and then subjected to retaliation for complaining about it. Among other things, plaintiff claimed that…

Read More Hostile Work Environment Claim Dismissed, In Light of Evidence That Employer Followed its Anti-Discrimination Policy
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In Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…

Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric Center
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleged that she was denied tenure because of her ethnicity, race, and national origin. The court held that plaintiff did not sufficiently allege a hostile work environment claim: Plaintiff has not alleged a hostile work…

Read More Hostile Work Environment Claim Not Alleged; Discrete Incident of Discrimination Relating to Denial of Tenure Not Enough
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In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleges that she was denied tenure because of her ethnicity, race, and national origin. The court granted plaintiff’s motion to amend her complaint to add a claim under 42 U.S.C. § 1981, finding that plaintiff…

Read More Chinese Professor Plausibly Alleges Intentional Discrimination Under 42 U.S.C. 1981; May Amend Complaint
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In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid…

Read More Sexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.
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In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
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Unlike Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws do provide for individual liability in certain circumstances. A recent decision, Popat v. Levy et al, No. 1:15-CV-01052 EAW, 2017 WL 2210762 (W.D.N.Y. May 19, 2017), explains and applies the principles regarding individual liability under the…

Read More Race/National Origin Discrimination Claims Plausibly Alleged Against Individual
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In Evert v. Wyoming Cty. Cmty. Health Sys., No. 14-CV-912S, 2017 WL 1832051 (W.D.N.Y. May 8, 2017) (J. Skretny), the court dismissed plaintiff’s gender discrimination/harassment claim. Plaintiff, a prison nurse, alleged, among other things, that corrections officers began harassing her after she received a letter from an inmate she had treated. After reciting the law…

Read More Court Explains Reasons For Dismissing Prison Nurse’s Title VII Gender-Based Hostile Work Environment Claim
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In Campbell v. Nat’l Fuel Gas Distribution Corp., No. 1:13-CV-00438 EAW, 2017 WL 1957829 (W.D.N.Y. May 11, 2017), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s Title VII gender discrimination claim. While plaintiff presented sufficient evidence to establish a prima facie case, her case fell apart at the third step of the analysis.…

Read More Title VII Gender Discrimination Case Dismissed; Actions By “Tough Supervisor” Who “Did Not Like” Plaintiff Not Shown to Have Exhibited Unlawful Bias
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In Small v. State of New York et al, No. 12-CV-1236S, 2017 WL 1176032 (W.D.N.Y. Mar. 30, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. In sum, plaintiff, a school teacher who worked at Attica Correctional Facility, alleged that a Corrections Officer (Cuer) subjected her to unwanted romantic…

Read More Prison Teacher’s Hostile Work Environment and Retaliation Claims Continue
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