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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Walker v. SBC Services, Inc.

Plaintiff Earnestine Walker sued Defendant SBC Services, Inc. alleging same-sex harassment, racial discrimination, and retaliation under Title VII. The court granted partial summary judgment to SBC, dismissing Walker's same-sex harassment and retaliation claims, finding the harassment not sufficiently severe or pervasive and the retaliation claim conceded. However, the court denied SBC's motion for summary judgment on the racial discrimination (hostile work environment) claim, concluding that genuine issues of material fact existed regarding the racially charged statements and conduct. The court also denied summary judgment on SBC's Ellerth/Faragher affirmative defenses, concluding that SBC failed to demonstrate it took prompt remedial action. Therefore, the racial discrimination claim and the affirmative defenses proceed to trial.

DiscriminationHarassmentTitle VIISummary JudgmentHostile Work EnvironmentRace DiscriminationSexual HarassmentRetaliationEmployment LawFederal Court
References
31
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Ralph Jones Sheet Metal, Inc.

The court addressed Defendant's motion for summary judgment regarding Plaintiff's Title VII claims of racial discrimination and hostile work environment, alongside claims for damages under 42 U.S.C. § 1981(a). Defendant argued the alleged harasser, Kenny Rainey, was not a supervisor, the racial slurs were not severe or pervasive, and the complaint mechanism was not utilized. However, the Court found significant disputed material facts, including Rainey's de facto supervisory authority and the pervasive nature of the racial harassment. Evidence presented by the Plaintiff indicated numerous instances of racial slurs, racial graffiti, and management's inadequate response. Consequently, the Court denied Defendant's motion for summary judgment, determining that genuine issues of fact existed for trial.

Racial DiscriminationHostile Work EnvironmentTitle VIISummary Judgment DenialSupervisory AuthorityRacial EpithetsEmployee HarassmentEmployer LiabilityAnti-Harassment PolicyUnion Collective Bargaining
References
17
Case No. MISSING
Regular Panel Decision

Sowemimo v. D.A.O.R. Security, Inc.

Plaintiff Debrah Sowemimo sued D.A.O.R. Security, Inc., her supervisor Mohammed Islam, the NYC Department of Homeless Services (DHS), and Deputy Director Leandra Barbieri, alleging employment discrimination, sexual harassment, retaliatory discharge, racial discrimination, negligence, and intentional torts. Sowemimo claimed Islam sexually harassed and assaulted her, and Barbieri made racial slurs. The court denied summary judgment for D.A.O.R. on sexual harassment and retaliatory discharge claims, and for Islam on sexual harassment and intentional torts. However, summary judgment was granted for DHS and Barbieri on all claims, and for D.A.O.R. on negligence and intentional torts, finding DHS was not Sowemimo's employer and D.A.O.R.'s conduct didn't meet the threshold for emotional distress.

Sexual HarassmentRetaliatory DischargeRacial DiscriminationHostile Work EnvironmentSummary Judgment MotionTitle VIINew York State Human Rights LawNew York City Human Rights LawEmployer LiabilityVicarious Liability
References
29
Case No. MISSING
Regular Panel Decision

Payano v. Fordham Tremont CMHC

Plaintiff Pedro Payano, proceeding pro se, sued his former employer, Fordham-Tremont Community Mental Health Center, alleging racial discrimination and sexual/racial harassment under Title VII. Payano claimed he was terminated due to discrimination and subjected to a hostile work environment. Fordham-Tremont moved for summary judgment, asserting Payano's termination was performance-related and the harassment claims did not meet the legal standard. The court granted the defendant's motion, finding Payano failed to establish a prima facie case for discriminatory discharge and that his harassment allegations were insufficient to prove a hostile work environment, further noting the employer's successful Burlington/Faragher affirmative defense.

Title VIIRacial DiscriminationSexual HarassmentHostile Work EnvironmentDiscriminatory DischargeSummary JudgmentPrima Facie CaseAffirmative DefenseBurlington/Faragher DefenseEmployment Law
References
18
Case No. MISSING
Regular Panel Decision

Booker v. Budget Rent-A-Car Systems

Plaintiff Anthony Booker, a black employee of Budget Rent-A-Car in Nashville, alleges race discrimination and racial harassment under Title VII and 42 U.S.C. § 1981, along with retaliation. He claims General Manager Guy Grundman subjected him to severe verbal abuse, racial slurs, and disproportionately harsh treatment, leading to a demotion in January 1993. Booker further alleges he was denied a promotion in April 1993 and retaliated against with a negative performance evaluation and denial of an Airport Manager position after filing an EEOC charge. The court granted in part and denied in part the defendants' motion for summary judgment. Booker's claims of racial harassment and discrimination regarding his demotion may proceed, but his failure to promote, retaliation, and wage discrimination claims were dismissed.

Racial HarassmentRace DiscriminationTitle VII42 U.S.C. § 1981Hostile Work EnvironmentSummary JudgmentDemotionEmployment LawSupervisor LiabilityDisparate Treatment
References
49
Case No. MISSING
Regular Panel Decision

Martin v. Boeing-Oak Ridge Co.

The plaintiff, an African American employee, sued Boeing-Oak Ridge Company for alleged violations of Title VII, 42 U.S.C. § 1981, and the Tennessee Human Rights Act, claiming hostile work environment and retaliation. The plaintiff reported several incidents of racial harassment by co-workers, including racial remarks, display of KKK pictures, and other discriminatory actions. The court analyzed whether the employer took prompt and appropriate remedial action in response to the reported incidents. Additionally, the plaintiff alleged retaliation for not being appointed to a "Lead" position and for being transferred to a less desirable second shift. The court granted the defendant's motion for summary judgment, concluding that the defendant responded appropriately to harassment claims and that the plaintiff failed to establish a prima facie case of retaliation.

Hostile Work EnvironmentRacial HarassmentRetaliationSummary JudgmentTitle VIICivil Rights ActTennessee Human Rights Act42 U.S.C. § 1981Employer LiabilityCo-worker Harassment
References
49
Case No. MISSING
Regular Panel Decision

Anderson v. Sikorsky Support Services, Inc.

Manuel Anderson sued his employer, Sikorsky Support Services, Inc., alleging race discrimination, retaliation, and racial harassment under Title VII and 42 U.S.C. § 1981. He claimed various incidents of racial misconduct, including slurs, a physical attack, and denied overtime after making complaints. Sikorsky moved for summary judgment, contending that many of Anderson's claims were either untimely, not administratively exhausted, or lacked sufficient evidence to establish a prima facie case. The District Court sided with the defendant, granting the motion and dismissing all of Anderson's claims. The court found Anderson failed to prove adverse employment action for discrimination, did not exhaust administrative remedies for his Title VII hostile work environment and retaliation claims, and his § 1981 claims were either time-barred or failed to show sufficiently severe or pervasive harassment.

Race DiscriminationRetaliationHostile Work EnvironmentSummary JudgmentTitle VII42 U.S.C. Section 1981Employment DiscriminationPrima Facie CaseAdministrative ExhaustionStatute of Limitations
References
44
Case No. Docket No. 17
Regular Panel Decision

Ellsworth v. Pot Luck Enterprises, Inc.

Ellsworth, an African-American man, alleged sexual and racial harassment during his employment at Ashley Furniture, including propositions, crude sexual comments, and racial slurs from co-workers and a manager. He reported these issues to management multiple times, but claimed the harassment continued, leading to his resignation. Ellsworth subsequently filed claims under Title VII and the Tennessee Human Rights Act for hostile work environment (sex and race based) and retaliation, alongside a breach of contract claim for unpaid commissions. The court granted summary judgment to Ashley Furniture on the race-based hostile work environment, retaliation, and post-termination commission breach of contract claims. However, summary judgment was denied regarding the sex-based hostile work environment claim and the breach of contract claim for commissions owed prior to his termination, allowing these aspects to proceed.

Sexual harassmentRacial harassmentHostile work environmentTitle VIITennessee Human Rights ActRetaliationBreach of contractSummary judgmentAfter-acquired evidenceEmployment law
References
41
Case No. MISSING
Regular Panel Decision

Lamarr-Arruz v. CVS Pharmacy, Inc.

This case involves claims of a hostile work environment and retaliation brought by Zaire Lamarr-Arruz and Mominna Ansoralli against CVS Pharmacy, Inc. Plaintiffs allege racial profiling of customers and a barrage of racial slurs by supervisors and managers, violating 42 U.S.C. §1981, NYSHRL, and NYCHRL. Lamarr-Arruz also filed a retaliation claim, alleging delayed return from medical leave and termination due to his complaints. CVS sought summary judgment, denying the allegations and arguing the lack of supervisory responsibility for some alleged harassers and the availability of their anti-harassment policy. The court denied CVS's motions for summary judgment, finding genuine disputes of material fact regarding the existence of a hostile work environment for Ansoralli, the imputation of hostile conduct to CVS, and Lamarr-Arruz's retaliation claim, including the pretextual nature of his termination reasons.

Hostile Work EnvironmentRacial DiscriminationRetaliationSummary JudgmentEmployment LawCivil Rights Act of 1991New York Human Rights LawNew York City Human Rights LawEmployer LiabilitySupervisory Liability
References
60
Case No. MISSING
Regular Panel Decision

Williams v. Chase Manhattan Bank, N.A.

Plaintiff Mildred W. Williams, a black female, filed a federal lawsuit against Chase Manhattan Bank alleging racial discrimination under 42 U.S.C. § 1981 and New York State Human Rights Law. Williams claimed she was denied promotions from Assistant Manager to Branch Manager and Assistant Manager to Assistant Treasurer, and subjected to harassment based on her race. The court addressed Williams' motion to file a second amended complaint and Chase's motion to dismiss. Applying the precedent set in Patterson v. McLean Credit Union, the court granted Williams' motion to amend, allowing her claim regarding the denial of promotion to Assistant Treasurer, as it constituted a "new and distinct relation" with the employer. However, the claim for denial of promotion to Branch Manager was dismissed for not meeting this criterion. The court also maintained pendent jurisdiction over Williams' state racial harassment claims.

Racial DiscriminationEmployment DiscriminationMotion to AmendMotion to DismissCivil Rights Act of 1866New York State Human Rights LawPatterson v. McLean Credit UnionPromotion DenialAssistant Manager to Assistant TreasurerContinuing Violations Doctrine
References
30
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