Plaintiff Defeats Summary Judgment (Employment Discrimination/Pretext)

by

In Wilkinson v. Pinnacle Lodging, LLC et al, No. 22-30556, 2023 WL 6518142 (5th Cir. Oct. 5, 2023), the court, inter alia, reversed the district court’s grant of summary judgment to the defendant employer on plaintiff’s claim of wrongful termination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §…

Read More Citing Inconsistent Reasons for Termination, Fifth Circuit Reverses Summary Judgment for Employer in Wrongful Termination Case
Share This:
by

In Muniz v. The City of New York, 20 Civ. 9223 (JPC), 2023 WL 6294169 (S.D.N.Y. Sept. 27, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on race, ethnicity, and age. The court evaluated plaintiff’s federal claims (asserted under Title VII of the Civil Rights Act…

Read More NYPD Officer’s Race & Age Discrimination Claims Survive Summary Judgment
Share This:
by

In Richmond v. Montefiore Medical Center, 21 Civ. 8700 (PGG), 2023 WL 6216271 (S.D.N.Y. Sept. 25, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based discrimination (termination) claim asserted under the New York State and City Human Rights Laws. Here is the court’s discussion of the third/final “pretext” step of the pertinent…

Read More Gender Discrimination Claims Survive Summary Judgment Against Montefiore Medical Center
Share This:
by

In a recent case, Austin v. Phone2Action, Inc., 21-CV-491 (MKB), 2023 WL 6201409 (E.D.N.Y. Sept. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. In evaluating this claim, the court applied the well-known McDonnell-Douglas burden-shifting framework. In…

Read More Sex Discrimination Claims Survive Summary Judgment; Pretext Evidenced By Inconsistency Between Proffered Termination Reasons
Share This:
by

In Milien v. City of New York et al, 20-CV-480 (MKB), 2023 WL 6050119 (E.D.N.Y. Sept. 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claims, predicated on the alleged denial of overtime opportunities. As to Title VII of the Civil Rights Act of 1964, the court explained:…

Read More Race Discrimination Claims, Based on Alleged Overtime Denial, Survive Summary Judgment
Share This:
by

In Carmody v. New York University, et al, 21 Civ. 8186 (LGS), 2023 WL 5803432 (S.D.N.Y. Sept. 7, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based discrimination claims. After determining that plaintiff presented a prima facie case of discrimination and that defendants articulated a legitimate reason for plaintiff’s termination…

Read More Doctor’s Sex Discrimination Claims Survive Summary Judgment Against NYU
Share This:
by

In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
Share This:
by

In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
Share This:
by

In Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…

Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate Discipline
Share This:
by

In Brown v. Metropolitan Dental Associates et al, 2023 WL 5154415 (S.D.N.Y. August 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, the same evidence that raised factual issues with respect to…

Read More “He Said, She Said” Pregnancy Discrimination Claim Survives Summary Judgment
Share This: