Employment Discrimination

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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club
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In Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015), the U.S. Equal Employment Opportunity Commission has taken the position that discrimination based on sexual orientation is discrimination based on “sex” and actionable under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on, among other things, “sex,” but…

Read More EEOC: Discrimination Based on Sexual Orientation is Discrimination Based on “Sex” in Violation of Title VII
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In Roberts v. UPS, 13-cv-6161 (Eastern District of New York), a jury recently awarded a discrimination plaintiff $50,000 in compensatory damages and $50,000 in punitive damages under the New York City Human Rights Law ($25k compensatory for discrimination, $25k punitive for discrimination, $25k compensatory for retaliation, $25k punitive for retaliation). Federal subject matter jurisdiction was…

Read More $100,000 Jury Verdict for Victim of Sexual Orientation Discrimination and Harassment
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On June 29, 2015, Mayor Bill de Blasio signed law number 2015/063, a Local Law to amend the NYC Administrative code in relation to prohibiting discrimination based on one’s arrest record or criminal conviction. The amendments are reflected here (website URL here). The law, also known as the “Fair Chance Act“, was effectively designed to “ban the…

Read More NYC Law Amended to “Ban the Box” Pertaining to Arrest Record or Criminal Conviction
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In Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…

Read More Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”
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On June 25, 2015, the EEOC issued a revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. This document supersedes the Enforcement Guidance dated July 14, 2014. The EEOC left much of the  prior guidance intact, but modified portions of it (relating to disparate treatment and light duty) in response to the Supreme Court’s decision…

Read More EEOC Issues Revised Pregnancy Discrimination Enforcement Guidance in Light of Young v. UPS
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In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim
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In Duckett v New York Presbyt. Hosp., 2015 NY Slip Op 05769 (App. Div. 1st Dept. July 2, 2015), the court affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. The court held: Issues of fact exist as to whether the hospital unlawfully terminated petitioner’s employment because of her disability. There…

Read More Disability (Mental Illness) Discrimination Claim Against Hospital Survives Dismissal
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On June 29, 2015, a Manhattan federal jury awarded plaintiff Hanna Bouveng $18 million in her sexual harassment lawsuit against Benjamin Wey and his company, New York Global Group. This verdict is not necessarily the end of the matter; Judge Gardephe has already set a briefing schedule for post-trial motions. Here are the verdict form…

Read More Jury Awards Hanna Bouveng $18M in Sexual Harassment Suit Against Benjamin Wey
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In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary…

Read More Court Dismisses Hostile Work Environment Claim Based on “Severe” (but “Isolated”) Remarks
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