July 2015

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In Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…

Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim
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Nannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…

Read More Nanny Rights: Special Protections for “Domestic Workers” in New York
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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club
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In Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015), the U.S. Equal Employment Opportunity Commission has taken the position that discrimination based on sexual orientation is discrimination based on “sex” and actionable under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on, among other things, “sex,” but…

Read More EEOC: Discrimination Based on Sexual Orientation is Discrimination Based on “Sex” in Violation of Title VII
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Most people, especially this guy, know that saying the word “bomb” in/near an airplane or airport is a bad idea. In Baez v. JetBlue, 14-2754-cv (2nd Cir. July 16, 2015), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of an irate passenger’s lawsuit arising from actions taken by JetBlue and its employee in…

Read More Airline and Agent Not Liable for False Arrest, Defamation, etc. For Reporting Angry Passenger’s Bomb Comment
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Model/actress Shoshana Roberts made headlines awhile back when she made a video, titled “10 Hours of Walking in NYC as a Woman”, to illustrate the issue of “street harassment”. In a recently-filed $500,000 lawsuit, she asserts against various defendants (including Rob Bliss Creative LLC, Hollaback! Inc., Google, and YouTube) the following claims: [Q]uantum meruit, breach of…

Read More Street Harassment Model Shoshana Roberts’ Lawsuit Against Google, Hollaback!, etc.
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In Roberts v. UPS, 13-cv-6161 (Eastern District of New York), a jury recently awarded a discrimination plaintiff $50,000 in compensatory damages and $50,000 in punitive damages under the New York City Human Rights Law ($25k compensatory for discrimination, $25k punitive for discrimination, $25k compensatory for retaliation, $25k punitive for retaliation). Federal subject matter jurisdiction was…

Read More $100,000 Jury Verdict for Victim of Sexual Orientation Discrimination and Harassment
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In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…

Read More Court Rejects Terminated Employee’s Claim to Bonus and Severance
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In Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…

Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case
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