U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 19, 2008

Sexual Harassment

Accurso v. Majestic Pools Inc.

06-CV-13

Judge Arcara

Background: The plaintiff sued her former employer and asserted she was sexually harassed by the defendant. She claims she was subjected to pervasive, unwanted attention and requests for a romantic relationship. The defendant took the plaintiff on a number of rides in his private plane and bought the plaintiff and her children gifts. The parties went to California for what the plaintiff believed was a business trip. In the summer of 2003, the defendant presented the plaintiff with a ring at work, and asked her to marry him. The plaintiff claims her complaints and requests to cease the harassing conduct were ignored and, when she finally couldn't stand it any longer, she resigned. She seeks damages under a quid pro quo sexual harassment theory, a hostile work environment theory, and for constructive discharge. The defendant moved for summary judgment.

Ruling: The court grants summary judgment in favor of the defendant as to the plaintiff's Title VII claim against him in his individual capacity and grants summary judgment in favor of both defendants as to the plaintiff's quid pro quo theory of sexual harassment. Summary judgment is denied on the hostile work environment and constructive discharge claims.

Catherine Creighton of Creighton, Pearce, Johnsen & Giroux for the plaintiff, and E. Carey Cantwell of E. Carey Cantwell PC and Lisa T. Sofferin of Brown & Kelly LLP for the defendant

Social Security

Smolinski v. Astrue

07-CV-386

Judge Skretny

Background: The plaintiff challenges the administrative denial of his claim for disability benefits premised on diabetes mellitus and hypertension. The ALJ found the plaintiff suffered from severe impairments that did not meet the criteria required for benefits and retained the residual functional capacity to perform light work with certain limitations. The plaintiff argued the ALJ was biased by a comment that the plaintiff failed to take steps to improve his situation.

Ruling: An ALJ's credibility finding does not constitute bias. The court finds that the ALJ considered the plaintiff's subjective complaints, but concluded they were not totally credible in light of the objective medical evidence in the record. The ALJ thoroughly explained his reasons for his finding, particularly that the plaintiff made little effort to improve his own conditions. The denial of benefits was supported by the evidence. The defendant's motion for judgment is granted.

Felice A. Brodsky for the plaintiff, and Jane B. Wolfe, U.S. Attorney's Office, for the defendant

Bailey v. Astrue

07-CV-0395

Judge Telesca

Background: The plaintiff was 38 years old when she filed a claim for disability benefits that later was denied. The action was filed to obtain judicial review of the denial. The ALJ found the plaintiff's impairments are severe, but do not meet any listed in the regulations. She was found to retain the residual functional capacity to perform the physical requirements of light work, occasionally lifting up to 20 pounds and standing or sitting for six hours a day, provided the work environment is free of excessive dust, fumes or humidity, which can aggravate the plaintiff's asthma. Although she is not able to partake in her past work as a home health care aid, the ALJ found there are a substantial number of jobs in the national economy that the plaintiff is capable of performing.

Ruling: The determination that the plaintiff did not experience a level of pain prohibiting her from engaging in light work was supported by the evidence. The defendant's motion for judgment on the pleadings is granted.

Thomas S. Pera for the plaintiff, and Jane B. Wolfe, U.S. Attorney's Office, for the defendant

Puglisi v. Astrue

07-CV-628

Judge Skretny

Background: The plaintiff alleges he is disabled by lupus, seizures, arthritis, urinary problems, depression, a psychological eating disorder and digestive problems. His claim for disability and SSI benefits was denied and he seeks a review of the denial. The ALJ found the plaintiff suffered from impairments that include lupus, focal segmental glomerulosclerosis, a depressive disorder, alcohol abuse and cannabis abuse. The ALJ found that aspects of the plaintiff's claims were not credible, including those pertaining to his ability to support himself.

Ruling: The denial was based on significant evidence and the defendant's motion for judgment on the pleadings is granted.

Dennis A. Clary for the plaintiff, and Jane B. Wolfe, U.S. Attorney's Office, for the defendant