“Stray Remarks” Doctrine in Employment Discrimination Law

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In Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…

Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger Worker
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A recent decision, Carroll v. Amazon Data Services, Inc., No. 1:21-cv-01177 (RDA/TCB), 2022 WL 3161895 (E.D. Va. Aug. 8, 2022), illustrates that even workplace conduct that is, by most measures, unpleasant does not necessarily give rise to an actionable “hostile work environment” claim that violates Title VII of the Civil Rights Act of 1964. From…

Read More Hostile Work Environment Claim Dismissed; Hair Comments and Touching (While Troubling) Was Not Actionable Under Title VII
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In Bautista v. Chanel, Inc., 20 Civ. 4676, 2022 WL 374496 (SDNY Feb. 8, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court…

Read More Race, National Origin Discrimination Claims Against Chanel Survive Summary Judgment; Evidence Included Derogatory Comments About Speaking Spanish
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In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…

Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
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In Tihan v Apollo Management Holdings, L.P., No. 15121, 152196/19, 2021-00637, 2022 N.Y. Slip Op. 00365, 2022 WL 174477 (N.Y.A.D. 1 Dept. Jan. 20, 2022), the New York Appellate Division, First Department, unanimously affirmed a lower court’s decision dismissing plaintiff’s religion- and national origin-based employment discrimination claims. In this case, plaintiff – a Muslim man…

Read More Court Affirms Dismissal of National Origin, Religious Discrimination Claims Against Apollo Management Holdings
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In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related unlawful termination claims. (The court also denied defendants’ motion to dismiss plaintiff’s hostile work environment claims, which I addressed in a separate post.) The court…

Read More Breastfeeding Mother’s Gender/Pregnancy Discrimination Claims Survive Dismissal
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…

Read More ADEA Age Discrimination Claim Dismissal (Judgment on the Pleadings) Affirmed, Notwithstanding Ageist Comments
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In a recent decision, captioned Roenick v. Sam Flood et al, No. 20-cv-7213, 2021 WL 2355108 (SDNY June 9, 2021), the court dismissed claim of gender and sexual orientation discrimination asserted by former professional hockey player Jeremy Roenick. The court summarized the pertinent allegations as follows: The key events at issue here began when Roenick…

Read More Court Dismisses Jeremy Roenick’s Sex and Sexual Orientation Discrimination Claims Arising From Termination Following Co-Worker Threesome Joke
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