Pretext

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In Hofmann v. Schiavone Contracting Corp., No. 14-2861-CV, 2015 WL 7067853 (2d Cir. Nov. 13, 2015), a Summary Order, the Second Circuit affirmed the district court’s order granting summary judgment to defendants. In sum, plaintiff – a female crane operator and member of defendant International Union of Operating Engineers Local 14-14B – alleged that “John…

Read More “Sexually Inflected Dinner Conversation” and “Rudeness” Insufficient to Defeat Summary Judgment on Gender Discrimination Claim
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In Sands v. New Paltz Central School District, a race discrimination case, the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment. Citing the Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000), the court explained: [A] plaintiff’s prima facie case … when combined with sufficient evidence…

Read More Second Circuit Revives Race Discrimination Case, Citing SCOTUS “Reeves” Decision
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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In Herling v. New York City Dep’t of Educ., No. 13-CV-5287 JG VVP, 2015 WL 5307752 (E.D.N.Y. Sept. 10, 2015), the court denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on his race (white) and religion (Jewish). In an April 23, 2014 Order (which I discussed here) the court denied defendants’ FRCP 12(b)(6)…

Read More White Jewish Teacher Overcomes Summary Judgment on Discrimination Claims
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In Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…

Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary Judgment
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In Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…

Read More Pregnancy Discrimination Case Dismissed
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In Rodriguez v. New York City Health & Hospitals Corp., No. 14 CIV. 4960 BMC, 2015 WL 5229850 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York granted defendant summary judgment on plaintiff’s sexual orientation discrimination and quid pro quo sexual harassment claims. In sum, plaintiff alleged that “he was denied employment by defendants…

Read More Hiring of Better-Qualified Candidate, Notwithstanding “Unprofessional and Coarse” Text Messages, Defeats Sexual Orientation Discrimination (Failure-to-Hire) Claim
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On June 25, 2015, the EEOC issued a revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. This document supersedes the Enforcement Guidance dated July 14, 2014. The EEOC left much of the  prior guidance intact, but modified portions of it (relating to disparate treatment and light duty) in response to the Supreme Court’s decision…

Read More EEOC Issues Revised Pregnancy Discrimination Enforcement Guidance in Light of Young v. UPS
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