Judge: Richard J. Arcara Archives

August 4, 2018 by mjpospis

Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim

In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

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March 1, 2017 by mjpospis

Age Discrimination (Wrongful Termination & Hostile Work Environment) Claims Dismissed; Alleged Wrongdoing Was Insufficiently Connected to Plaintiff’s Age

In Grigoryou v. Pallet Servs., Inc., No. 1:13-CV-526-RJA-MJR, 2017 WL 722534 (W.D.N.Y. Jan. 25, 2017), report and recommendation adopted, No. 13-CV-526-A, 2017 WL 712607 (W.D.N.Y. Feb. 23, 2017),[1]The below excerpts are from the 1/25/17 Amended Report & Recommendation. the court granted defendant’s motion for summary judgement and dismissed plaintiff’s age discrimination (unlawful termination and hostile…

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December 22, 2016 by mjpospis

Court Imposes $4,700 Fine on Lawyer For (e.g.) Calling Adversary a “Racist” During Employment Discrimination Deposition

We’ve seen one judge warn a lawyer not to call their adversary an “asshole” in private correspondence. Now we have a decision imposing a $4,700 fine/sanction on a lawyer for (e.g.) calling their adversary a “racist” during a deposition. In Scott-Iverson v. Indep. Health Ass’n, Inc., No. 13-CV-451V(F), 2016 WL 7320067 (W.D.N.Y. Dec. 15, 2016), the…

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September 4, 2016 by mjpospis

State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note

In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

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April 16, 2015 by mjpospis

Treating Older Worker Worse Than Younger Co-Workers Sufficient to Allege Age Discrimination

In Grigoryou v. Pallet Serv., Inc., No. 13-CV-00526AM, 2015 WL 1647139 (W.D.N.Y. Apr. 14, 2015), the court denied defendant’s motion to dismiss plaintiff’s age discrimination claims based on theories of disparate treatment (termination) and hostile work environment. Plaintiff (who is 51 years old) alleged, for example, that most of the other employees were between 20…

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November 30, 2014 by mjpospis

Sexual Harassment “Joke” Gets an “F”

There’s a joke sign that reads: Sexual harassment in this area will not be reported. However, it will be “graded.” Hilarious, right? For one sexual harassment plaintiff, the laughter stopped when the court dismissed her complaint, citing her use of a sticker with similar language. In Krupa v. Dunkirk Specialty Steel, LLC, No. 13–CV–76A, 2014…

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October 31, 2014 by mjpospis

Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination Claim

In Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…

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