D Motion for Summary Judgment Denied (Employment Discrimination)

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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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In Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…

Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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In Gandhi v. New York State Unified Court System et al, 1:20-CV-120 (LEK), 2024 WL 365119 (N.D.N.Y. Jan. 31, 2024), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s religion-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that defendant engaged in religious…

Read More Title VII Religious Discrimination Claim Survives Summary Judgment; “Stray Remarks” Doctrine Held Inapplicable
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In Herrera et al v. New York City Department of Education et al, 1:21-cv-7555-MKV, 2024 WL 245960 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ (who are white) race-based discrimination claim asserted under 42 U.S.C. § 1983. In sum, as summarized by the court, “[p]laintiffs are white…

Read More Race Discrimination Claim Survives Summary Judgment Against NYC Department of Education
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In Foxworth v. Denis McDonough, 2024 WL 111761 (D.D.C. Jan. 10, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court cannot conclude at this point that Foxworth has established a…

Read More Potential Need For Additional Discovery, Including Supervisor’s Testimony, Warrants Denial of Summary Judgment on Title VII Sex Discrimination & Retaliation Claims
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In Vichio v. US Foods, Inc., 88 F.4th 687 (7th Cir. 2023), the court reversed the lower court’s dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act, finding that there was a genuine dispute of material fact as to whether the employer’s proffered reason for terminating him – deficient performance…

Read More Age Discrimination Claim Revived Following Summary Judgment Dismissal; Evidence Supported Inference That Alleged Deficient Performance Was Pretext For Discrimination
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In a recent case, Chenn & Bonnick v. MTA-New York City Transit Authority, Case No. 20-CV-2827 (FB) (JAM), 2023 WL 8891411 (E.D.N.Y. Dec. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s failure-to-promote claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Discriminatory Failure-to-Promote Claims Survive Summary Judgment, Court Holds
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In Belvin v. Electchester Management, LLC, 17-CV-6303 (NGG) (PK), 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim, based on the “adverse action” of denying plaintiff his Christmas bonus. From the decision: Mr. Mayers has adduced sufficient evidence from which a juror…

Read More Disability Discrimination Claim, Arising From Withholding of Christmas Bonus, Survives Summary Judgment
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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