Pretext

by

In Assue v. UPS, INC., 2018 WL 3849843 (S.D.N.Y. 2018), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination claims. From the decision: Plaintiff also attempts to raise an inference of discrimination by pointing to his purportedly unfair assignments and the denial of a work-issue laptop and encrypted USB flash drive.16 Any…

Read More Race Discrimination Claim Dismissed; Subjective Belief Insufficient; Alleged Harasser Was an “Equal Opportunity Offender”
Share This:
by

In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 USC 1981, but denied it with respect to plaintiff’s race discrimination claim…

Read More Race Discrimination (Termination) Claim Survives Under City, But Not Federal, Law
Share This:
by

In Rosas v. Balter Sales Co., Inc. et al, 12-CV-6557, 2018 WL 3199253 (S.D.N.Y. June 29, 2018), the court, inter alia, upheld a jury verdict – i.e., denied defendants’ motion for judgment as a matter of law under Fed. R. Civ. P. 50 – in plaintiff’s favor on his race discrimination (termination) claim.[1]It also denied defendants’…

Read More Race Discrimination Jury Verdict for Plaintiff Upheld
Share This:
by

In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…

Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
Share This:
by

From JILL S. MEYER, M.D., Plaintiff-Appellant, v. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee,, 2018 WL 480478, at *2 (C.A.2 (N.Y.), 2018) (Summary Order): There is no basis to infer age discrimination from Meyer’s failure to obtain the staff psychiatrist position: she fails to identify any evidence that the reason the NJ VA did…

Read More Age Discrimination Claim Properly Dismissed; Hiring of Younger Workers Alone Insufficient
Share This:
by

In McGuire-Welch v. The House of the Good Shepherd, 16-4095, 2018 WL 443487 (2d Cir. Jan. 17, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. The court applied the principle that “anti-discrimination law does not…

Read More Stupid and Wicked? Maybe. Discrimination? Not Necessarily
Share This:
by

In Watson v. Emblem Health Servs., 2018 NY Slip Op 00123 (App. Div. 1st Dept. Jan. 9, 2018), the court reversed a lower court’s decision granting defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. In sum, plaintiff’s claims arose from defendant’s refusal to reinstate plaintiff and…

Read More Disability Discrimination Claim Survives Summary Judgment Under the NYC Human Rights Law
Share This:
by

In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
Share This:
by

In Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…

Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina
Share This: