US Ct. App. 2 Cir.

In Emengo v. Stark, 2019 WL 2206250 (2d Cir. May 22, 2019) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s failure-to-promote race/national origin discrimination claim. After summarizing the law, the court explained: While Defendants sufficiently established non-discriminatory reasons for the failure to promote Emengo, he has failed to present sufficient evidence that…

Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claim

In Shojae v. Harlem Hosp. Ctr. et al., 18-392-cv (Summary Order), the court, inter alia, vacated the dismissal of plaintiff’s discrimination claims. From the Order: As to Shojae’s timely NYCHRL discrimination claims with respect to certain adverse actions, it appears that Shojae provided at least some admissible evidence that she was treated “less well” based…

Read More Gender/Race/National Origin Discrimination Claims Continue Against Harlem Hospital Center

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court wrote: Collymore alleges that Lisa Maluf, her…

Read More Sexual Harassment Claim Dismissal Affirmed; Touching Not Shown to be “Because of” Plaintiff’s Sex

In D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…

Read More 2d Circuit Remands Hostile Work Environment Question to District Court

In a recent decision, Lovell v. Consolidated Edison Company of New York, 2019 WL 1311128 (2d Cir. March 22, 2019) (Summary Order), the court held that the plaintiff lacked standing to pursue a federal claim of employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The court provides a summary of the…

Read More 2d Circuit: Plaintiff Lacked Standing to Pursue USERRA Claim

In Noel v. Wal-Mart Stores, East LP, 18-1139-cv (2d Cir. March 11, 2019) (Summary Order), the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint. Plaintiff, who held the position of pharmacist manager, suffered from trypanophobia (or needle phobia). He sought an exemption from an alteration of his job description that would…

Read More 2d Circuit Overturns Dismissal of Disability Discrimination Complaint by Needle-Fearing Pharmacist

In Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA). The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”: A reasonable…

Read More 2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-Compliant

From Plotzker v. Kips Bay Anesthesia, P.C., 745 Fed.Appx. 436, 437–38 (C.A.2 (N.Y.), 2018) (Summary Order): After reviewing the record de novo, we agree with the District Court that there is no genuine dispute of material fact with respect to at least one element of Plotzker’s retaliation claim, namely, that his employer was aware of his…

Read More Dismissal of Retaliation Claim Affirmed; Employer Unaware of Protected Activity