Pretext

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In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
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In Barone v. Emmis Communications Corp., 2016 Slip Op 31049(U), Index 155032/12 (N.Y. Sup. Ct. June 7, 2016), the court, per Judge Hagler, granted summary judgment to defendants and dismissed plaintiff’s gender discrimination claim under the NYC Human Rights Law. The decision summarizes the legal framework (the two methods, pretext and mixed-motive) for analyzing NYC…

Read More Spousal Jealousy, Not Gender, Was Basis for Termination; Court Dismisses NYC Human Rights Law Discrimination Complaint
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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In Kasiotakis v. Macy’s Retail Holdings, Inc., No. 14 CIV. 462 CM, 2015 WL 6125356 (S.D.N.Y. Oct. 16, 2015), the court granted defendant Macy’s motion for summary judgment as to plaintiff’s national origin discrimination complaint. The court explained that plaintiff failed to prove “pretext” as part of the burden-shifting analysis as provided for by  McDonnell…

Read More Greek Ancestry Not Connected to Termination; Discrimination Case Dismissed
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In Hudson v. Merrill Lynch & Co., No. 156706/13, 2016 WL 1453976 (N.Y. App. Div. 1st Dept. Apr. 14, 2016), the court affirmed the dismissal of plaintiffs’ gender discrimination claims, under the NYC Human Rights Law, against Merrill Lynch. The court summarized the law: A motion for summary judgment dismissing a City Human Rights Law…

Read More Gender Discrimination Claim Against Merrill Lynch Dismissed
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In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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This week, in Legg v. Ulster Cty., No. 14-3636, 2016 WL 1637993 (2d Cir. Apr. 26, 2016), the Second Circuit reinstated a pregnancy discrimination claim brought by an Ulster County Corrections Officer. Plaintiff argued that the defendant County “unlawfully discriminated against her on the basis of her pregnancy when it denied her request for an accommodation under…

Read More Second Circuit Reinstates Pregnancy Discrimination Claim in Light of Young v. UPS
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In Shalom v. Hunter Coll. of City Univ. of New York, No. 14-3426-CV, 2016 WL 1358607 (2d Cir. Apr. 6, 2016), the Second Circuit affirmed the district court’s dismissal of plaintiff’s claims under Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) for (1) quid pro quo sexual harassment, (2) hostile educational environment,…

Read More Second Circuit Affirms Dismissal of Title IX Quid Pro Quo Sexual Harassment, Hostile Educational Environment, and Retaliation Claims
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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