“Stray Remarks” Doctrine in Employment Discrimination Law

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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…

Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
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In Martinez v. N.Y. City Transit Auth., No. 15-3159-CV(L), 2016 WL 7036823 (2d Cir. Dec. 2, 2016) (Summary Order), the Second Circuit affirmed in part and reversed in part a district court’s summary judgment dismissal of plaintiff’s age discrimination claims under the Age Discrimination in Employment Act (ADEA). This decision is instructive on the quantity/quality…

Read More 2d Circuit Overturns Summary Judgment as to One Transit Authority Employee’s Age Discrimination Case; “Retire” Comment Was Not a “Stray Remark”
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In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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In Brailsford v. Zara USA, Inc., No. 14 CIV. 6999 (LGS), 2016 WL 626560 (S.D.N.Y. Feb. 16, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s employment (race) discrimination claims, asserted under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, against Zara. In sum, plaintiff alleges that while working…

Read More Court Dismisses Race Discrimination, Hostile Work Environment Claims Against Zara
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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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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In White v. Andy Frain Servs., Inc., No. 14-3332-CV, 2015 WL 6684485 (2d Cir. Nov. 3, 2015), the Second Circuit affirmed the dismissal of plaintiff’s (a black Jewish man) employment discrimination claims. Plaintiff “assert[ed] that Andy Frain discriminated against him by failing to give him a raise, providing unequal terms and conditions of employment, retaliating…

Read More Court Explains Dismissal of Religious Discrimination (Including Failure to Accommodate) Claims
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