Pretext

by

In Venezia v. Luxottica Retail North America, Inc., Sunglass Hut Trading, LLC, 2017 WL 4772437 (2d Cir. Oct. 23, 2017) (Summary Order), the Second Circuit affirmed the lower court’s summary judgment dismissal[1]Venezia v. Luxoticca Retail North America Inc., 13-cv-4467, 2015 WL 5692146 (S.D.N.Y. Sept. 28, 2015) of plaintiff’s employment discrimination claims. Plaintiff, a white male,…

Read More Discrimination, Retaliation, Hostile Work Environment Claims Properly Dismissed Against Sunglass Hut
Share This:
by

In Freeman v. Rochester Psychiatric Center, 12-cv-06045 (WDNY Sept. 20, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s disparate treatment race discrimination claim under Title VII of the Civil Rights Act of 1964. It was undisputed that plaintiff was a member of a protected class and that he was qualified for his…

Read More Citing Employee’s “Serial Killer” Comment, Court Dismisses Race Discrimination (Disparate Treatment) Claim Against Rochester Psychiatric Center
Share This:
by

In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude…

Read More 2d Circuit Affirms Dismissal of Race/Sex/National Origin/Age Discrimination Claims; Fight With Co-Worker, Not Unlawful Bias, Was Reason for Termination
Share This:
by

In Vaughn v. Empire City Casino at Yonkers Raceway et al, No. 14-CV-10297 (KMK), 2017 WL 3017503 (S.D.N.Y. July 14, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s claim that he was subjected to discrimination – by being terminated and suspended – because of his race, in violation of Title VII…

Read More Race Discrimination Claim Survives Summary Judgment; Evidence Included Supervisor’s Use of the “N-Word” and Favorable Treatment of White Co-Worker
Share This:
by

In Barone v. Emmis Communications Corp., 2017 NY Slip Op 04787 (App. Div. 1st Dept. June 13, 2017), the court reversed the lower court’s order granting defendants’ motion for summary judgment on her gender discrimination claim. (I wrote about the lower court’s decision here.) The court wrote: As ostensibly nondiscriminatory reasons for terminating plaintiff, defendants pointed to…

Read More Gender Discrimination Claim Survives Summary Judgment; Issues of Fact Existed as to Pretext
Share This:
by

Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…

Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)
Share This:
by

In Bantamoi v. St. Barnabas Hosp., 146 A.D.3d 420, 420–21, 44 N.Y.S.3d 398, 399 (N.Y. App. Div. 1st Dept. Jan. 3, 2017), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. This case addresses one issue that arises in most, if not all, retaliation cases:…

Read More NYC Human Rights Law Retaliation Claim Properly Dismissed; Too Much Time Between Protected Activity and Adverse Action
Share This:
by

In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
Share This:
by

In Dotson v. City of Syracuse, No. 15-3631, 2017 WL 1437131, at *2 (2d Cir. Apr. 24, 2017) (Summary Order), the Second Circuit held that the district court improperly dismissing plaintiff’s gender discrimination claim. Among other things, this decision teaches that at the “pretext” step of the discrimination claim analysis, the evidence must be considered…

Read More Gender Discrimination, But Not Retaliation, Claim Continues Against City of Syracuse; District Court Did Not Consider All Circumstances When Evaluating Pretext
Share This:
by

In Campbell v. Nat’l Fuel Gas Distribution Corp., No. 1:13-CV-00438 EAW, 2017 WL 1957829 (W.D.N.Y. May 11, 2017), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s Title VII gender discrimination claim. While plaintiff presented sufficient evidence to establish a prima facie case, her case fell apart at the third step of the analysis.…

Read More Title VII Gender Discrimination Case Dismissed; Actions By “Tough Supervisor” Who “Did Not Like” Plaintiff Not Shown to Have Exhibited Unlawful Bias
Share This: