D Motion for Summary Judgment Denied (Employment)

by

In employment discrimination cases, assuming a plaintiff sufficiently/plausibly alleges one or more claims in their complaint, the next procedural battleground is (usually) “summary judgment”. You can think of summary judgment as the last procedural hurdle – often after discovery is complete and all the facts are “in” – standing between a plaintiff and the holy grail…

Read More Surviving Summary Judgment: Sexual Harassment (Hostile Work Environment)
Share This:
by

In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To…

Read More 2d Circuit Vacates Summary Judgment Dismissal of SOX Retaliatory Discharge Whistleblower Lawsuit
Share This:
by

In McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA) claim arising out of her employment as a Human Resources Manager. The court summarized the law applicable to plaintiff’s unequal pay claims under the…

Read More Equal Pay Act Claim Survives Summary Judgment, Continues Against Xerox
Share This:
by

In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary judgment dismissal of plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This decision is instructive on the quantity/quality…

Read More 2d Circuit Overturns Summary Judgment as to One Transit Authority Employee’s Age Discrimination Case; “Retire” Comment Was Not a “Stray Remark”
Share This:
by

In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York State Human Rights Law. As to plaintiff’s prima facie case, the Court explained:…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included Shifting of Responsibilities to Clerical Tasks and Ageist Remarks
Share This:
by

In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
Share This:
by

In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment
Share This:
by

In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
Share This:
by

In Atencio v. United States Postal Serv., No. 14 CIV. 7929 (AJP), 2016 WL 4145930 (S.D.N.Y. Aug. 4, 2016), the court granted defendant USPS’ motion for summary judgment on plaintiff’s reasonable accommodation claim, but denied its motion on plaintiff’s retaliation claim under the Rehabilitation Act (a federal statute applicable to claims of disability discrimination by…

Read More Letter Carrier’s Retaliatory Hostile Work Environment Claim Against USPS Survives Summary Judgment
Share This: