Employment Discrimination

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In a recent gender discrimination lawsuit captioned Consing v. NYC Health & Hospitals Corp. and Zenaida Magnaye-Banzon, EDNY 15-cv-01548 (March 25, 2015), plaintiff, a man, asserts that the defendants failed to hire him because he is male. He asserts, for example (at paragraph 19) that Magnaye-Banzon told him that the position would “not work” for him because…

Read More Anti-Male Gender Discrimination Lawsuit Against NYC Health & Hospitals Corp.
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A federal court recently allowed plaintiff Michael Picarella, a now former HSBC senior vice president, to amend his complaint in his lawsuit against HSBC. The action, currently pending in the Southern District of New York, is captioned Picarella v. HSBC Securities (USA) Inc., 14-cv-04463. In his first amended complaint, filed 8/27/14, plaintiff alleged (among other…

Read More Fired HSBC Executive May Amend Complaint to Assert Retaliatory Termination
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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In Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (March 25, 2015), the U.S. Supreme Court interpreted and applied a portion of the Pregnancy Discrimination Act relating to accommodations that covered employers must make to pregnant workers. The Pregnancy Discrimination Act, codified at 42 U.S.C. § 2000e(k), amends Title VII of the Civil Rights Act of…

Read More U.S. Supreme Court Interprets Title VII’s Pregnancy Discrimination Act; Vacates Judgment Against Pregnant Employee
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In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

Read More Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules
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In Derrick v. American Intl. Group, Inc. (App. Div. 1st Dept. March 19, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint and denying plaintiff’s motion to amend her complaint. In this case, plaintiff asserts claims for race, national origin, and gender discrimination and harassment. Citing NY…

Read More Adverse Unemployment Decision Does Not Preclude Discrimination Claims, Court Holds
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A recent Southern District of New York decision, Daniel v. T&M Protection Resources LLC (SDNY 13-cv-4384, Feb. 19, 2015), illustrates that even conduct that rises to the level of what may be considered “crude” and “contemptible” may not be (and, in this case, was not) enough to survive summary judgment on a Title VII hostile…

Read More Court Explains That Even “Crude and Contemptible” Conduct May Not Rise to the Level of a Hostile Work Environment
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