Employment Discrimination

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In Roberts v. United Parcel Serv., Inc., No. 13-CV-6161, 2015 WL 4509994 (E.D.N.Y. July 27, 2015), the Eastern District of New York denied defendant United Parcel Service’s post-trial motions and upheld the jury’s $100,000 verdict for plaintiff on her sexual orientation discrimination/hostile work environment and retaliation claims under the NYC Human Rights Law. From Judge…

Read More Court Upholds Jury Verdict (Liability and $100k Damages) in Sexual Orientation Discrimination Case Against UPS
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In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination
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In Lee v. Woori Bank, decided by the Appellate Division, First Department on July 28, 2015, the  court held that plaintiff’s sexual harassment and negligence claims were not barred by the “waiver” provision of New York’s whistleblower statute, Labor Law § 740. Labor Law § 740(7) provides, in part, that “the institution of an action in accordance…

Read More Sexual Harassment and Negligence Claims Not Waived by Waiver Provision of New York’s Whistleblower Statute
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The Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…

Read More Americans With Disabilities Act: 25 Years Later
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Below is the recent age discrimination lawsuit, captioned Parra v. Access Staffing and Crystal Hernandez, 15-cv-05495 (SDNY July 15, 2015), filed by the plaintiff against a staffing agency and its manager. Plaintiff alleges that she was subjected to discrimination based on her (young) age and retaliation. Specifically, plaintiff alleges that defendants said “You’re such a baby” and…

Read More “Too Young” Age Discrimination Lawsuit Against Staffing Agency
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Subway has been associated with some bad press lately. Below is a sexual harassment lawsuit, captioned EEOC v. Draper Development LLC d/b/a Subway, 15-cv-00877 (NDNY 7/21/15), filed against an upstate Subway franchisee. The lawsuit alleges that Defendant violated Title VII of the Civil Rights Act of 1964 and specifically that: Defendant … discriminated against the Charging…

Read More EEOC Files Sexual Harassment Lawsuit Against Upstate Subway Franchisee
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In Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…

Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim
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Nannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…

Read More Nanny Rights: Special Protections for “Domestic Workers” in New York
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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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