2015

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In the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…

Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry
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In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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In Hofmann v. Schiavone Contracting Corp., No. 14-2861-CV, 2015 WL 7067853 (2d Cir. Nov. 13, 2015), a Summary Order, the Second Circuit affirmed the district court’s order granting summary judgment to defendants. In sum, plaintiff – a female crane operator and member of defendant International Union of Operating Engineers Local 14-14B – alleged that “John…

Read More “Sexually Inflected Dinner Conversation” and “Rudeness” Insufficient to Defeat Summary Judgment on Gender Discrimination Claim
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In Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for…

Read More “Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights Law
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A recent case, Jaquez v. Lind-Ric Hous. Co., 48 Misc. 3d 1204(A), 17 N.Y.S.3d 383 (N.Y. Sup. Ct. June 19, 2015), illustrates the difficulties faced by plaintiffs in slip-and-fall cases, particularly those where the alleged defective condition is not a structural defect or a transitory condition (water, debris, etc) but rather the nature of the…

Read More Slip/Fall on “Slippery” Interior Stairs – Case Dismissed
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In Lenzi v. Systemax, Inc., No. 14-CV-7509 SJF, 2015 WL 6507842 (E.D.N.Y. Oct. 26, 2015), the court held that the female plaintiff stated a claim under the federal and New York state Equal Pay Acts. The law, per the court: The federal Equal Pay Act, 29 U.S.C. § 206(d)(1) prohibits employers from discriminating between employees on…

Read More Female Plaintiff Plausibly Alleges Equal Pay Act Violations
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In litigation, the question of “personal jurisdiction” – i.e., whether the court has jurisdiction (power) over the person of the defendant – is arguably the most critical/important: If the court does not have jurisdiction, plaintiff loses without regard to the merits of the case. Stern v. Four Points by Sheraton Ann Arbor Hotel, 2015 NY Slip…

Read More Online Hotel Reservation Insufficient to Establish Personal Jurisdiction in New York
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If you’re thinking about celebrating this Thanksgiving by dressing up as a turkey and protesting the commercialism of holidays, you should first read People v. Pettigrew, 69 Misc. 2d 985, 332 N.Y.S.2d 33 (Dist. Ct. Suffolk Cty. 1972). In that case, defendant was arrested and charged with committing the offense of disorderly conduct in violation…

Read More Happy Thanksgiving!
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In Lent v. CCNH d/b/a Cortland Care Center, decided November 16, 2015, the Northern District of New York awarded plaintiff damages following defendant’s default. As set forth in the court’s June 1, 2015 decision granting plaintiff’s motion for a default judgment (which I wrote about here), In this sexual harassment case, plaintiff alleged (among other…

Read More Court Explains $1.25M Emotional Distress Damage Award in Sexual Harassment/Hostile Work Environment Case
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It has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen…

Read More $75,000 Sexual Harassment/Hostile Work Environment Settlement Against Town of Smithtown and Highway Superintendent Glenn Jorgensen
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