2016

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A plaintiff asserting discrimination under Title VII of the Civil Rights Act of 1964 must establish, among other things, that they suffered an “adverse employment action.” That term, like many in the law, has a specialized meaning. In Boza-Meade v. Rochester Hous. Auth., No. 6:14-CV-6356 EAW, 2016 WL 1157643 (W.D.N.Y. Mar. 21, 2016), the court…

Read More Criticism of Work Etc. Was Not “Adverse Employment Action”; Race and National Origin Discrimination Case Dismissed
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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In a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…

Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia University
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United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner…

Read More Justice Scalia: Civil Rights Champion?
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In Russo v. New York State Div. of Human Rights, No. 15-01243, 2016 WL 1066422 (N.Y. App. Div. 4th Dept. Mar. 18, 2016), the court affirmed the State Division of Human Rights’ dismissal of the petitioner’s employment discrimination and retaliation claims. The New York State Division of Human Rights is a statewide administrative agency that…

Read More Discrimination and Retaliation Claims Properly Dismissed by the New York State Division of Human Rights
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In 1992, Stella Liebeck suffered significant burn injuries after spilling McDonald’s coffee on herself. She sued, and eventually received compensation. Much has been written about the case; a 2011 movie, “Hot Coffee“, focused on the extent to which the public’s largely unfavorable perception of the case and Ms. Liebeck was based on a significant and pervasive…

Read More John Kasich, Tort Reform, and Hot Coffee
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In Ocana v. Quasar Realty Partners L.P., 2016 NY Slip Op 01902 (App. Div. 1st Dept. March 17, 2016), the court unanimously affirmed an order granting plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) cause of action. From the decision: Plaintiff made a prima facie showing of his…

Read More Wobbly Ladder Leads to Summary Judgment for Plaintiff in Labor Law 240(1) Construction Accident Case
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In Graziadio v. Culinary Institute of America et al, 15-888-cv (2nd Cir. March 17, 2016), the Second Circuit vacated a district court’s Order granting defendants summary judgment and dismissing plaintiff’s claims under the Family and Medical Leave Act (FMLA). Here are the facts, as summarized by the court: Plaintiff Cathleen Graziadio, an employee at the…

Read More FMLA Retaliation and Interference Claims Survive Summary Judgment; Case Continues Against HR Director as FMLA “Employer”; ADA “Associational Discrimination” Claim Properly Dismissed
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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In a recently-filed class action complaint, captioned Suchowieski et al v. Verboten (EDNY 16-cv-01295 filed 3/15/16), plaintiffs allege that Brooklyn nightclub and their owners – Jen Schiffer and her husband, John Perez – committed various acts of wrongdoing against their employees. The complaint alleges, for example, that “[d]efendants’ female employees are subjected to persistent sexual…

Read More Sexual Harassment, Hostile Work Environment, and Wage Lawsuit Against Brooklyn Club Verboten
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