In a recent New York State court complaint, captioned Prowell v. Advanced Fertility Services, P.C. et al (NY Sup. Ct. NY Cty. 155828/2016, filed July 14, 2016), plaintiff alleges that she was terminated in retaliation for her complaints about pregnancy discrimination, in violation of the New York State and City Human Rights Laws. She asserts claims…
Read More Pregnancy Discrimination Lawsuit Against Advanced Fertility ServicesIn Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…
Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire CaseIn a recent Manhattan federal court filing, Roger Ailes – the named defendant in a sexual harassment lawsuit filed by former Fox News host Gretchen Carlson in NJ state court – seeks to compel arbitration of her claims pursuant to the Federal Arbitration Act. (Here are the supporting petition and memorandum of law.) His papers…
Read More Roger Ailes Moves to Compel Arbitration of Gretchen Carlson’s Sexual Harassment ClaimsIn Mykytyn v. Hannaford Bros. Co., No. 15-01427, 2016 WL 3638182 (N.Y. App. Div. 4th Dept. July 8, 2016), the court reinstated several of plaintiff’s claims, including his co-worker-based sexual harassment/hostile work environment claim. The facts, as summarized by the court: Plaintiff commenced this action seeking damages for, inter alia, employment discrimination pursuant to the…
Read More Court Explains and Applies the Standard For Co-Worker Harassment/Hostile Work Environment Claims Under the NYS Human Rights LawIn Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…
Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation ClaimsIn Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…
Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) CaseIn Domenech v. New York City Employees’ Ret. Sys., No. 15CV2521ILGPK, 2016 WL 2644892, at *5 (E.D.N.Y. May 9, 2016), the court held that plaintiff failed to salt are a disability discrimination claim. From the decision: The plaintiff alleges that the transfer from one unit to another caused her to develop severe anxiety. She asserts that…
Read More Job-Related Stress Failed to Give Rise to Disability Discrimination ClaimIn a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…
Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger AilesIn Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…
Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…
Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”