Employment Discrimination

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In Fox v. New York City Dep’t of Educ., No. 13-CV-3204 VEC, 2015 WL 4991878 (S.D.N.Y. Aug. 20, 2015), the court dismissed claims asserted by plaintiff – a former guidance counselor at P.S. 150 – of religious discrimination, race discrimination, age discrimination, hostile work environment, and sexual harassment. As to plaintiff’s religious discrimination claim, the court…

Read More Guidance Counselor’s Discrimination, Sexual Harassment Claims Dismissed
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In a lawsuit captioned Pollock v. Agrei Consulting, et al (NY Sup. Ct. Kings Cty. filed 9/4/15, Index # 510920/2015), plaintiff alleges that she was sexually harassed by her boss who she claims, among other things, sent her flirtatious and sexually inappropriate text messages (such as “You take good care of me and I will…

Read More Sexual Harassment Lawsuit Alleges That Boss Put Penis Pictures on Executive Assistant’s Computer
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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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Effective today (September 3, 2015), the Stop Credit Discrimination in Employment Act (SCDEA) amends the NYC Human Rights Law (Title 8 of the NYC Administrative Code) to prohibit discrimination based on credit history. A New “Unlawful Discriminatory Practice” Specifically, the SCDEA adds a new section, § 8-107(24), to the NYCHRL. That section provides: (a) Except as…

Read More Credit History Discrimination Now Unlawful in New York City
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In Vasquez v. Empress Ambulance Serv., Inc., No. 14 CIV. 8387 NRB, 2015 WL 5037055 (S.D.N.Y. Aug. 26, 2015), the court addressed the following question: [W]hether an employer is liable for unlawfully retaliating against a plaintiff employee when (1) the plaintiff reports that a coworker [here, Gray] has sexually harassed her, (2) the employer promptly…

Read More Court Discusses and Applies “Cat’s Paw” Theory in Sexual Harassment/Retaliation Case
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During a recent stroll through my NYC neighborhood, I noticed a sign hanging in the window of a pizza place. It read “Delivery Man Wanted” and included a phone number to call. While seemingly innocuous, this sign probably violates the law. Specifically, section 8-107(1)(d) of the New York City Human Rights Law provides that It shall…

Read More “Delivery Man Wanted”
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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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