D Motion for Summary Judgment Denied (Employment)

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In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
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In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…

Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the…

Read More Race-Based Hostile Work Environment Claim Survives Under the New York City (But Not New York State) Human Rights Law
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In Altman v. New Rochelle Pub. Sch. Dist., No. 13-CV-3253 (NSR), 2016 WL 3181153 (S.D.N.Y. June 2, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s national origin discrimination claim. “In order to establish a prima facie case of discriminatory termination of employment [under Title VII], the plaintiff must show that she belongs to…

Read More Title VII Plaintiff Survives Summary Judgment on National Origin Discrimination Claim
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In Lester v. New York State Office of Parks, Recreation & Historic Pres., No. 10863/09, 2016 WL 2338530 (N.Y. App. Div. 2nd Dept. May 5, 2016), the court held that the lower court should not have dismissed plaintiff’s age discrimination claim on summary judgment. Here are the facts, as summarized by the court: [P]laintiff worked for…

Read More Lifeguard’s Age Discrimination Case Survives Summary Judgment
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In Imperato v. Otsego Cty. Sheriff’s Dep’t, No. 13-cv-1594, 2016 WL 1466545 (N.D.N.Y. Apr. 14, 2016), the court held that plaintiff submitted sufficient evidence to overcome summary judgment on her sex-based hostile work environment claim. From the decision: Here, while the evidence before the Court is lacking in specifics regarding instances of discriminatory conduct directed toward…

Read More Upstate Corrections Officer Survives Summary Judgment on Gender-Based Hostile Work Environment Claim
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In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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In Krebaum v Capital One, N.A., 2016 NY Slip Op 02914 (App. Div. 1st Dept. April 14, 2016), the court modified a lower court’s order, and held that plaintiff’s claims of age discrimination and retaliation under the New York State and City Human Rights Law should have been denied. Upon review of the evidence in the…

Read More Negative Comments About Age Sufficient to Overcome Summary Judgment on Plaintiff’s Age Discrimination Claim
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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