2021

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In Payne v. Cornell University, 2021 WL 39684 (N.D.N.Y. Jan. 5, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained: [E]ven if Plaintiff had properly supported her claims, the Court would find that the complained-of conduct is not sufficiently severe or pervasive to alter the conditions of Plaintiff’s employment. Courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Time Off and a Negative Evaluation Insufficient
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, upheld the jury’s finding that defendant engaged in gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Court Upholds Gender Discrimination Jury Verdict for John Varvatos Saleswomen; Malevolent Motive Not Required
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In Knox v. John Varvatos Enterprises Inc., 17-CV-772, 2021 WL 95914 (S.D.N.Y. Jan. 12, 2021) – a gender discrimination class action lawsuit – the court, inter alia, held that the defendant was not permitted to invoke the “Bona Fide Occupational Requirement” (BFOQ) defense codified in Title VII of the Civil Rights Act of 1964. In…

Read More “Bona Fide Occupational Requirement” Defense Properly Denied to John Varvatos in Sex Discrimination Case
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In Maiurano v. Cantor Fitzgerald Securities, 2021 WL 76410 (S.D.N.Y. Jan. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the New York City Human Rights Law (though it dismissed plaintiff’s claim under the more stringent Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Gender Discrimination Claim, Under the NYC Human Rights Law, Sufficiently Alleged Against Cantor Fitzgerald
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In a recent decision, captioned Calhoun v. Laidlaw & Company, 20-CV-6174 (S.D.N.Y. Dec. 18, 2020) (provided via teleconference; here is the transcript), the court held that plaintiff sufficiently alleged retaliation under the New York State and City Human Rights Laws. It was undisputed that the plaintiff sufficiently alleged that he engaged in “protected activity”, namely,…

Read More Former Employee’s Retaliation Claim Sufficiently Alleged, Court Holds
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It has been reported that those identified as being present at, and/or having expressed support for, the U.S. Capitol riot(s) of January 6, 2021 have lost their jobs or are otherwise facing discipline. To what extent does such action violate their rights as employees?[1]The below discussion is confined to New York law and federal law…

Read More Recently-Unemployed Rioters and Wrongful Termination Claims
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On January 7, 2020, the New York Court of Appeals – which, for those unfamiliar with New York’s court system, is our highest court – heard (remote) oral argument in the case captioned Doe v. Bloomberg, L.P. et al. In this case, plaintiff alleges, among other things, that while employed as a temporary employee for Bloomberg…

Read More NY Court of Appeals Hears Oral Argument in Case as to Individual Liability (Here, of Michael Bloomberg) Under the NYC Human Rights Law
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In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
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In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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