February 2013

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In a recent opinion (Desardouin v. City of Rochester, No. 12-187-cv (2nd Cir. Feb. 19, 2013)), the Second Circuit reversed a summary judgment for defendant and upheld plaintiff Jewanta Desardouin’s hostile work environment claim. It held that even though her case was not an “obvious” one of hostile work environment, plaintiff’s “allegations of repeated solicitation…

Read More Plaintiff’s Hostile Work Environment Claim Survives Summary Judgment Where Supervisor Said That Plaintiff’s Husband Was “Not Taking Care of Her in Bed”
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In a recent complaint, captioned Gurievsky v. Saatch & Saatchi, NY Sup. Ct. NY Cty., Index 151547/2013, plaintiff alleges (among other things) that a creative director referred to women as “pretty prostitutes” and said that he liked the style of plaintiff’s hair “because it made her look like she had ‘just been fucked’”, and that plaintiff…

Read More Sexual Harassment Suit Filed Against Branding Company
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As reported in the Huffington Post, a former Starbucks manager recently sued the company under the New York State and New York City Human Rights Laws.  Plaintiff alleged that following her arrest for assaulting another employee, she was “accused” of having a lesbian relationship with that employee.  Plaintiff denies being gay. Plaintiff alleged (among other…

Read More Starbucks Manager Alleges She Was Fired After Opposing False Claim of Being Gay
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In a letter dated February 14, 2013, 37 senators urged President Obama to issue an Executive Order protecting LGBT employees of federal contractors against discrimination.  This would supplement the protections embodied in Executive Order No. 11246 (signed by President Johnson in 1965), which requires federal contractors to refrain from discriminating because of race, creed, color,…

Read More Senators Urge Pres. Obama to Issue Executive Order Protecting LGBT Employees of Federal Contractors Against Discrimination
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As reported in today’s New York Post, plaintiff Robert Bell has agreed to settle his case against the City of New York for $15,000. If you recall, Bell sued last summer, claiming he was falsely arrested after displaying his middle finger to NYPD officers.  You can read more about his lawsuit (and read his complaint)…

Read More “Middle Finger Cop” Plaintiff Robert Bell Settles for $15,000
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In Asabor v. Archdiocese of NY, 2013 NY Slip Op 00275 (App. Div. 1st Dept. Jan. 22, 2013), a New York appellate court reversed summary judgment to defendants on plaintiff’s retaliatory discharge cause of action. Plaintiff, a Nigerian-born black woman, sued her employer and various individuals after she was fired from her job as a…

Read More Retaliation Claim Against Archdiocese of NY Survives
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In Farren v. Shaw Environmental, No. 12-1008 (2d Cir. Jan. 31, 2013), the Second Circuit affirmed the lower court’s dismissal of plaintiff’s case due to a failure to exhaust administrative remedies in the U.S. Equal Employment Opportunity Commission (“EEOC”) and New York State Division of Human Rights (“DHR”), as required by Title VII of the…

Read More 2nd Circuit Explains Difference Between “Disparate Treatment” and “Hostile Work Environment” Theories As Relevant To Title VII’s Administrative Exhaustion Requirement
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