Home » Blog » Archives for WDNY

WDNY

In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleged that she was denied tenure because of her ethnicity, race, and national origin. The court held that plaintiff did not sufficiently allege a hostile work environment claim: Plaintiff has not alleged a hostile work […]

In Yang Zhao v. Keuka College, 2017 WL 3917145 (W.D.N.Y., 2017), plaintiff – a U.S. Citizen of Chinese origin – alleges that she was denied tenure because of her ethnicity, race, and national origin. The court granted plaintiff’s motion to amend her complaint to add a claim under 42 U.S.C. § 1981, finding that plaintiff […]

In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid […]

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 […]

Unlike Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws do provide for individual liability in certain circumstances. A recent decision, Popat v. Levy et al, No. 1:15-CV-01052 EAW, 2017 WL 2210762 (W.D.N.Y. May 19, 2017), explains and applies the principles regarding individual liability under the […]

In Evert v. Wyoming Cty. Cmty. Health Sys., No. 14-CV-912S, 2017 WL 1832051 (W.D.N.Y. May 8, 2017) (J. Skretny), the court dismissed plaintiff’s gender discrimination/harassment claim. Plaintiff, a prison nurse, alleged, among other things, that corrections officers began harassing her after she received a letter from an inmate she had treated. After reciting the law […]

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. […]

In Small v. N.Y., No. 12-CV-1236S, 2017 WL 1176032 (W.D.N.Y. Mar. 30, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. In sum, plaintiff, a school teacher who worked at Attica Correctional Facility, alleged that a Corrections Officer (Cuer) subjected her to unwanted romantic advances, and that her complaints of […]

In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis […]

In Grigoryou v. Pallet Servs., Inc., No. 1:13-CV-526-RJA-MJR, 2017 WL 722534 (W.D.N.Y. Jan. 25, 2017), report and recommendation adopted, No. 13-CV-526-A, 2017 WL 712607 (W.D.N.Y. Feb. 23, 2017),[1]The below excerpts are from the 1/25/17 Amended Report & Recommendation. the court granted defendant’s motion for summary judgement and dismissed plaintiff’s age discrimination (unlawful termination and hostile […]