Constructive Discharge

by

Here is the federal lawsuit recently filed by waitress Alexandra Mitropoulous against Avlee Greek Kitchen and its owner, Peter Rogakos. Plaintiff alleges, that she was constructively discharged after being subjected to sexual harassment and battery. For example, she alleges that Rogakos asked her what color underwear she was wearing, pulled her hair, and tried to kiss…

Read More Sexual Harassment Lawsuit Against Avlee Greek Kitchen and Peter Rogakos
Share This:
by

In Valleriani v. Route 390 Nissan (filed Sept. 2, 2014), the Western District of New York denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim: [T]o constitute gender discrimination in the form of a hostile work environment, the conduct directed at Plaintiff had to be based on her gender. Here, the incidents…

Read More Content, Rather Than Motivation, for Sexually Offensive Language is Relevant in Hostile Work Environment Case, According to Court
Share This:
by

Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
Share This:
by

In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
Share This:
by

In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…

Read More Court Provides Guidance on Pleading Employment Discrimination Claims
Share This:
by

In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
Share This:
by

In Castagna v. Luceno and Majestic Kitchens, 2014 WL 840820 (Summary Order), the U.S. Court of Appeals for the Second Circuit recently vacated a district court’s grant of summary judgment to defendants, and held that a reasonable jury could conclude that plaintiff suffered a sex-based hostile work environment under Title VII of the Civil Rights Act of…

Read More Physical Threats Directed Solely at Women Supported Claim of Hostile Work Environment Based on Sex
Share This:
by

In Pryor v. Jaffe & Asher, the Southern District of New York held that plaintiff adequately stated claims for hostile work environment, gender discrimination, and constructive discharge. Here are the facts, taken from plaintiff’s complaint: Defendant Jaffe & Asher is a law firm doing business in New York, New York. Defendant Jeffrey Tseng, an employee…

Read More Plaintiff Sufficiently Alleged Hostile Work Environment, Gender Discrimination, and Constructive Discharge Claims Against Law Firm
Share This:
by

In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue
Share This:
by

In Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL).  Defendants moved to dismiss plaintiffs’ claims under FRCP…

Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave Requests
Share This: