A recent decision, Delucia v. Abbondandolo, Index No. 005793-10 (N.Y. Sup. Ct. Nassau Cty. March 11, 2013), held that, in the circumstances of that case, it was unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits. The…
Read More Retaliation Claim Based On Unemployment Filing SurvivesLast week law firm Quinn Emanuel Urquhart & Sullivan LLP moved to dismiss, under Federal Rule of Civil Procedure 12(b)(6), the lawsuit filed by contract attorney William Henig “and others similarly situated.” We previously wrote about the suit – in which plaintiffs sued, alleging various violations of federal and New York State wage and hour laws…
Read More Law Firm Moves To Dismiss Contract Attorney Overtime SuitMihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation. The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…
Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To TrialYesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar. The transcript is below. I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here. The issue is whether a plaintiff seeking to prove retaliation under Title…
Read More SCOTUS Hears Oral Argument On Title VII Retaliation IssueIn a recent case, Shavuo v. Shinseki, the Southern District of New York highlighted the often-misunderstood difference between a work environment that may seem “hostile” and a “hostile work environment” (as that term is used in employment discrimination law). The court stated: With respect to Shavuo’s repeated references to a “hostile work environment,” we again…
Read More When A Work Environment That Seems Hostile Isn’t A “Hostile Work Environment”Yesterday the Supreme Court decided Kiobel v. Royal Dutch Petroleum Co., which significantly limits the reach of the Alien Tort Statute, codified at 28 U. S. C. §1350. That statute provides: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of…
Read More SCOTUS: Alien Tort Statute Does Not Reach Foreign ActsBelow is the text (with some portions edited out due to spatial concerns) of the interview between me and Huffington Post blogger Jincey Lumpkin, a fellow lawyer and Vanderbilt graduate. The full interview can be accessed here. Disclaimer: Nothing below should be considered legal advice and as such should not be relied upon. Furthermore, this may…
Read More Huffington Post Interview On Sexual HarassmentIn Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim. What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…
Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”The U.S. Supreme Court held today, in Genesis Healthcare Corp. v. Symczyk, that where the claim of the lone plaintiff in a Fair Labor Standards Act “collective action” (see 29 U. S. C. §216(b), which authorizes a plaintiff to bring a claim on behalf of himself “and other employees similarly situated”) is dismissed, the case fails to…
Read More SCOTUS: FLSA Collective Action Falls With Dismissal of Lead Plaintiff’s ClaimBelow is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…
Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly