D Motion for Summary Judgment Denied (Employment) – Page 15

July 5, 2013 by mjpospis

Age/Disability Discrimination Case Illustrates Difference Between “But For” and “Mixed Motive” Causation Standards

In Najjar v. Mirecki, 11-cv-5138 (SDNY July 2, 2013), the Southern District of New York held that a pro se plaintiff raised a triable issue of fact as to various claims of discrimination. This case illustrates the difference between the heightened “but for” and lessened “mixed motive” causation standards, as well as the differences between the…

Plaintiff’s Title VII and Section 1981 Race Discrimination Claims Survive in Part

In Cadet v. Deutsche Bank Securities, 11-cv-7964, 2013 WL 3090690 (SDNY June 18, 2013), decided on June 18, 2013, the Southern District of New York (McMahon, J.) denied defendants’ motion for summary judgment as to plaintiff’s race discrimination claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, but dismissed his…

Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation. The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…