2016

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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…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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In a lawsuit filed in New York Supreme Court on April 12, 2016, Malik v. City of New York et al, Index No. 153118/2016, plaintiffs allege that Richard Emery, the Chair of the Civilian Complaint Review Board (CCRB), referred to CCRB Executive Director Mina Malik and another female CCRB employee as “pussies” (which the complaint characterizes…

Read More Misogny and Retaliation Alleged at Civilian Complaint Review Board
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The Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…

Read More Nepotism Insufficient to Establish Race/National Origin Discrimination
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In McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…

Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation Case
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In an Gottwald v. Sebert (NY Sup. Ct. 653118/2014 April 6, 2016), the court dismissed singer Kesha’s claims against, inter alia, Lukasz Gottwald (professionally known as Dr. Luke). This is a breach of contract action brought by Gottwald, and includes counterclaims asserted by Kesha alleging, among other things, violations of New York City and State statutes…

Read More Court Dismisses Kesha’s Claims Alleging, e.g., Gender Discrimination Under the NYS and NYC Human Rights Laws and Gender-Motivated Violence
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On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment. During a public…

Read More Mayor de Blasio Signs Legislation Amending the New York City Human Rights Law
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In Guzman v. Concavage Marine Constr. Inc., No. 14-CV-8587 (KMK), 2016 WL 1273285 (S.D.N.Y. Mar. 31, 2016), the court denied defendants’ motion to dismiss/strike plaintiff’s allegation that he suffered a physical workplace injury as a result of his employer’s owner’s racist attitude towards him, in violation of 42 U.S.C. 1981. This decision is instructive as…

Read More Hostile Work Environment Claim Arising From Alleged Racism-Caused Bodily Injury Proceeds
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In Bouveng v. NYG Capital LLC et al, No. 14 CIV. 5474 (PGG), 2016 WL 1312139 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…

Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights Law
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