Employment Discrimination

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In Villella v. City of Lockport, 17-CV-898S, 2021 WL 3726103 (W.D.N.Y. Aug. 23, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim, based on a “sex stereotyping” theory. From the decision: Plaintiff objects to one of Mayor McCaffrey’s reasons for rejecting her for the Assessor position because the Mayor did not believe Plaintiff was…

Read More Gender Discrimination Claim Dismissed; “Not a Team Player” Comment Did Not Evidence “Sex Stereotyping”
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In Peck v. County of Onondaga et al, 21-CV-651, 2021 WL 3710546 (N.D.N.Y. Aug. 20, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim as insufficiently pled. From the decision: Peck’s allegations of gender discrimination are stronger [than her dismissed religious discrimination claim], but not by enough. The sum total of the specific allegations…

Read More Gender Discrimination Claim Insufficiently Alleged Against Onondaga County et al
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From Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021): The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of…

Read More Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of Grievances
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s order dismissing her claim of constructive discharge. (The court did, however, vacate the dismissal of plaintiff’s hostile work environment…

Read More Citing Praise of Boss and Voluntary Extension of Employment, Court Affirms Dismissal of Constructive Discharge Claim
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Despite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…

Read More A Cautionary Tale Regarding Attorney Deposition Conduct
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court explained: [T]he Court found that Plaintiff sufficiently stated…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Target
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A recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…

Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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In New York State Division of Human Rights v. Hawk, 2021 N.Y. Slip Op. 03687, 2021 WL 2389091 (N.Y. App. Div. 4th Dept. June 11, 2021), the court enforced orders issued by the New York State Division of Human Rights that found respondents Ronald E. Hawk and Big Money Jim, Inc., doing business as Chaffee…

Read More $10,000 Awarded in Sexual Harassment Case Against Chaffee Flatts and Owner
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