Employment Discrimination

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In Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…

Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination Claim
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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Here is the recently-filed lawsuit, captioned Springs v. City of New York et al (SDNY 17-cv-00451), in which a black firefighter alleges that he endured sexual hazing and race discrimination. Among other things, plaintiff alleges that one defendant told him “I don’t like you … blacks getting on the job this way. You don’t have good…

Read More Lawsuit Alleges Sexual Hazing and Race Discrimination at NY Fire Dept.
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On January 17, 2017, the Second Circuit heard oral argument (audio here) in the case of Christiansen v. Omnicom Group.   This is an appeal of Southern District of New York Judge Lori Failla’s Opinion and Order in Christiansen v. Omnicom Group Inc., 15-cv-3440, 167 F. Supp. 3d 598 (SDNY March 9, 2016), which dismissed plaintiff’s…

Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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In Zhao-Royo v. New York State Educ. Dept., 14-CV-0935, 2017 WL 149981 (N.D.N.Y. Jan. 13, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s employment discrimination claims. As to her disparate treatment claim, it concluded that plaintiff “failed to identify circumstances justifying an inference that [alleged] incidents were actually related to Plaintiff’s…

Read More Court Dismisses Disparate Treatment Employment Discrimination Claim; Finds Comparator Evidence Insufficient and No Connection Between Brusque/Rude/Unfriendly Conduct and Protected Status
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Today is Martin Luther King Jr. Day, a federal holiday that marks the birthday of the civil rights leader, who was assassinated on April 4, 1968. Dr. King was present when President Johnson signed into law the Civil Rights Act of 1964, a federal law that prohibits discrimination in (e.g.) employment (Title VII) and public…

Read More Celebrating Martin Luther King Jr.
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In Croci v. Town of Haverstraw, No. 2015-01366, 2017 WL 99235 (N.Y. App. Div. 2d Dept. Jan. 11, 2017), a New York appellate court upheld the dismissal of plaintiff’s sexual harassment case. This decision is instructive on when an employer will be vicariously liable for sexual harassment under the New York State Human Rights Law. Here…

Read More Town Not Vicariously Liable for Co-Worker’s Alleged Sexual Harassment; Summary Judgment Affirmed
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In Kasperek v. N.Y. State, Dep’t of Corr. & Cmty. Supervision, No. 16-CV-671V, 2017 WL 85426 (W.D.N.Y. Jan. 10, 2017), the court recommended the denial of defendant’s motion to dismiss plaintiff’s claim of sex-based hostile work environment. The facts (in part), as summarized by the court: The events pertaining to this case began on October…

Read More Penis Graffiti Among Allegations in Sufficiently-Alleged Sex-Based Hostile Work Environment Claim
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Both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963 prohibit – in addition to discrimination based on specified criteria/characteristics – “retaliation” for engaging in “protected activity”. In certain cases, “protected activity” can be the litigation itself. In the matter of Kerrie Campbell v. Chadbourne & Parke LLP,…

Read More Counterclaim Alleged to be Retaliatory in Gender Discrimination Class Action Lawsuit Against Chadbourne & Parke Law Firm
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