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Constructive Discharge

In Bright-Asante v. Saks & Co., Inc., No. 15 CIV. 5876 (ER), 2017 WL 977587 (S.D.N.Y. Mar. 9, 2017) – an employment discrimination case arising from the suspension of an African American sales associate upon suspicion of theft – the court held, inter alia, that: (1) plaintiff’s statutory discrimination claims were not subject to mandatory […]

In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS), […]

In La Porta v. Alacra, Inc., 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant Alacra’s New York City […]

In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order […]

In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course […]

In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna […]

In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge […]

In Green v. Brennan, No. 14-613, 578 U.S. ___ (decided May 23, 2016), the Supreme Court held that the 45-day statute of limitations “clock” for purposes of a federal employee’s “constructive discharge” claim begins running on the date of the employee’s resignation, rather than on the date of the alleged discriminatory actions prompting the employee’s […]

In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who […]

The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and […]