· 2/19/2013
Jewanta Desardouin v. City of Rochester
Citations
- 708 F.3d 102
- 2013 U.S. App. LEXIS 3513
- 96 Empl. Prac. Dec. (CCH) 44,807
- 2013 WL 599473
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff’s “secret recording[] of conversations,” which “was a felony and a violation of departmental policy,” constituted a “legitimate, non-discriminatory” reason for plaintiff’s termination
- noting that the workplace must have been “severely permeated with discriminatory intimidation, ridicule, and insult”
- noting that a showing of repeated advances warrant trial on a sex-based hostile work environment claim even under Title VII’s higher bar
- recognizing termination of employee for violation of departmental policy as legitimate and nondiscriminatory
- explaining that New York Executive Law § 297(9) precludes courts from exercising jurisdiction over discrimination claims first brought before a state or local human rights commission except in certain circumstances not applicable here
- noting that humiliating comments that “persisted on a weekly basis over an interval that lasted at least two and perhaps three months” were sufficient for a hostile work environment claim to survive a motion for summary judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Raggi, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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