Employment Discrimination

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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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When many people think of sexual harassment, they likely think of a man sexually harassing their female subordinate. However, sexual harassment works both ways – i.e., the harasser, as well as the victim. That was the case in Hasper v. County of Suffolk, decided by the Eastern District of New York on Feb. 25, 2015. There,…

Read More Treating Male and Female Sexual Harassment Victims Differently Creates Factual Issue on Title VII Gender Discrimination Claim
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In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…

Read More Discrimination Lawsuit Against Toys “R” Us
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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In a lawsuit captioned Laknidhi v. AbilTo, Inc. and Michael Laskoff, NY Sup. Ct. Index No. 151506/2015 (filed 2/13/15), plaintiff alleges that defendants AbilTo and Laskoff (AbilTo’s CEO) subjected her to “harassment and discrimination … because of her pregnancy (and associated need for pregnancy leave and post-pregnancy accommodations) … which culminated in” her unlawful termination.…

Read More Pregnancy Discrimination Lawsuit Against AbilTo Inc. and Michael Laskoff
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In a February 19, 2015 New York State Court lawsuit, captioned Charles Schwarz v. Consolidated Edison, Inc. et al., plaintiff asserts that he was unlawfully terminated because of his decade-old conviction for perjury in connection with the notorious Abner Louima police brutality case. Plaintiff alleges, among other things, that defendants terminated him from his position as…

Read More “Conviction Discrimination” Lawsuit Filed by Abner Louima Defendant Charles Schwarz Against Con Ed
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Various statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…

Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee Award
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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In Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…

Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. Holds
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In Margerum v. City of Buffalo, 2015 NY Slip Op 01378 [24 NY3d 721] (N.Y. Ct. App. Feb. 17, 2015), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that…

Read More Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds
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