Employment Discrimination

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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In Rensselaer Cnty. Sheriff’s Dep’t v. New York State Div. of Human Rights, No. 520239, 2015 WL 4757612 (N.Y. App. Div. 3d Dept. Aug. 13, 2015), the court upheld the determination of the New York State Division of Human Rights that the petitioner engaged in unlawful gender discrimination. The court discussed some of the evidence presented…

Read More Court Upholds Sexual Harassment/Hostile Work Environment Finding in Corrections Employee’s Favor by State Division of Human Rights
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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In Matter of Castillo v. Schriro (N.Y. Sup. Ct. N.Y. Cty. July 17, 2015), Judge Ling-Cohan granted the Article 78 petition filed by terminated probationary corrections officer, who alleged that she was discriminated against under the NYC Human Rights Law due to her disability and domestic violence victim status. From the decision: [R]espondents having been noticed…

Read More Court Orders Reinstatement of Corrections Officer Subject to Discrimination Because of Disability and Domestic Violence Victim Status
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In Anderson v. Edmiston & Co., Inc. (App. Div. 1st Dept. Aug. 4, 2015), the court held that plaintiff sufficiently alleged claims of gender discrimination, hostile work environment, and retaliation under the NYC Human Rights Law, and affirmed Supreme Court’s denial of defendant’s motion to dismiss plaintiff’s complaint under CPLR 3211(a)(7). Plaintiff alleged, among other things, that her superior…

Read More Allegations of Vulgar Remarks About Women Sufficient to Plead Gender Discrimination and Hostile Work Environment
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