2017

by

In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
Share This:
by

In yet another sexual harassment lawsuit against Fox News and Roger Ailes, captioned Roginsky v. Fox News Network LLC (NY Sup. Ct. NY Cty. Index 153065/2017) (filed April 3, 2017), plaintiff Julie Roginsky asserts (inter alia) that defendants Fox News, Roger Ailes, and Bill Shine (co-President of Fox News Network) “unlawfully harassed, discriminated against, and…

Read More (Another) Sexual Harassment Lawsuit Against Fox News & Roger Ailes
Share This:
by

In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: Plaintiff was…

Read More Court Upholds Plaintiff’s Gender Discrimination & Retaliation Verdict; Cites Sexual Comments and “Affair” Rumors
Share This:
by

In Matter of AMG Managing Partners v. NYS Div. of Human Rights, No. TP 16-01391, 2017 WL 1187641 (N.Y. App. Div. 4th Dept. Mar. 31, 2017), the court upheld a New York State Division of Human Rights determination that the complainant was subjected to hostile work environment sexual harassment, but reduced the emotional distress damages award to…

Read More Sexual Harassment/Hostile Work Environment Finding Upheld; Damages Reduced to $25,000
Share This:
by

In Cowan v. City of Mount Vernon, No. 14-CV-8871 (KMK), 2017 WL 1169667 (S.D.N.Y. Mar. 28, 2017), the court dismissed plaintiff’s sexual harassment claim as insufficiently pled. This decision illustrates the degree of specificity courts look for when evaluating these types of claims on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. From…

Read More Sexual Harassment Claim Dismissed; Court Cites Lack of Complaint’s Specificity
Share This:
by

In Balk v. New York Institute of Technology, No. 16-984-CV, 2017 WL 1103428, (2d Cir. Mar. 23, 2017) (Summary Order), the Second Circuit affirmed the dismissal of the race, national origin, and religious discrimination claims asserted by the plaintiff. The court considered, and rejected, plaintiff’s reliance on the so-called “customer preference” doctrine, which provides (in sum) that…

Read More 2d Circuit Affirms Dismissal of Non-Muslim American Professor’s Race/Religion/National Origin Discrimination Claims
Share This:
by

In a recent filing in Summer Zervos’ defamation lawsuit against Donald Trump, defendant seeks (inter alia) to have the court “first resolve whether it has authority under the United States Constitution to assert jurisdiction over the President and adjudicate this case during his time in office.” Citing the Supreme Court cases of Clinton v. Jones and…

Read More Filing Sets Stage For Battle Over Presidential Immunity in Summer Zervos’ Lawsuit Against Donald Trump
Share This:
by

In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the (male) plaintiff asserts that he was subjected to retaliation for opposing sexual harassment of a female colleague by his boss, in violation of Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment Lawsuit Against the American Museum of Natural History
Share This:
by

In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure 12(b)(6)) the discrimination claim by plaintiff, an openly gay man, under Title VII of the Civil Rights Act of 1964. In sum, the Second…

Read More Second Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on Gender Stereotyping Theory
Share This:
by

In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
Share This: