In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second…
Read More Co-Worker’s “N-Word” Use Supports Discrimination ClaimIn Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…
Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual HarassmentAs reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…
Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination VictimThe Second Department’s recent decision in Croci v. Town of Haverstraw et al. is instructive as to how to plead causes of action, under the New York State Human Rights Law, against co-workers engaging in allegedly discriminatory conduct. In this case plaintiff sued one of her co-employees and their employer, alleging “ that she was subjected…
Read More Co-Worker Harassment Suit Dismissed Due to Failure to Allege Aiding and Abetting Theory Against Individual DefendantIn Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…
Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation ClaimsIn Suares v. Cityscape Tours, the Southern District of New York dismissed plaintiff’s claims for, among other things, hostile work environment and retaliation, and granted defendants’ motions for summary judgment. Plaintiff worked as a NYC double-decker bus tour guide. Plaintiff alleged that, at a holiday party, a co-worker (Singh) assaulted her. Specifically, she alleged that Singh…
Read More Court Dismisses Hostile Work Environment Claim, Citing “Swift Termination” of Co-Worker Who Sexually Assaulted PlaintiffIn Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…
Read More Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination ClaimsRecently, in Cajamarca v. Regal Entertainment Group, the New York Supreme Court (NY County) dismissed plaintiff’s sexual harassment and related claims arising from the alleged conduct of her co-worker (Gadsden). In this “pure” hostile work environment case (i.e., one in which plaintiff did not suffer a “tangible employment action”), plaintiff alleged that shortly after Gadsden…
Read More Theater Not Strictly Liable for Sexual Harassment by Co-Worker; Masturbation in Plaintiff’s Presence Did Not Constitute AssaultHere is the race and national origin discrimination lawsuit filed on November 6, 2013 by Moselle Blanco against Alexander McQueen Trading Ltd., Max Cantey, and Monique Hagan. Plaintiff alleges, for example, that her co-worker Max Cantey subjected her to racially derogatory remarks (such as calling her “taco smoke” and “burrito face” and saying that she “had…
Read More Race and National Origin Discrimination Lawsuit Against Alexander McQueen Trading Ltd.A recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…
Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation Claim