Employment Discrimination

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In Hernandez v. Edison Properties, 2013 NY Slip Op 33620(U) (N.Y. Sup. Ct. Index # 103762/12 March 31, 2013), the court dismissed a complaint under the “election of remedies” doctrine codified in the New York State Human Rights Law (NYSHRL), Executive Law 297(9). In this case, plaintiff asserted a discrimination complaint in the New York State Division of…

Read More “No Probable Cause” Finding by State Division of Human Rights Bars Subsequent Claims Under the “Election of Remedies” Doctrine
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The Second Department’s recent decision in Croci v. Town of Haverstraw et al. is instructive as to how to plead causes of action, under the New York State Human Rights Law, against co-workers engaging in allegedly discriminatory conduct. In this case plaintiff sued one of her co-employees and their employer, alleging “ that she was subjected…

Read More Co-Worker Harassment Suit Dismissed Due to Failure to Allege Aiding and Abetting Theory Against Individual Defendant
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In Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…

Read More Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory Remark
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Here is the complaint, captioned Jackson v. OpenCommunications Omnimedia LLC et al, Index No. 151596/2014, filed on February 24, 2014 in New York State Supreme Court by a male plaintiff against his former employer, New York City media company OpenCommunications Omnimedia and three of its principals. Plaintiff claims he was sexually harassed by his female bosses and…

Read More Male Employee Asserts Sexual Harassment and Retaliation Claims Against Female Bosses at NYC Media Company
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In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…

Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case
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Generally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…

Read More What is Sexual Harassment?
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In Brown v. Crowdtwist, the Southern District of New York (Judge Baer) recently denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. The court held that the plaintiff, a 43-year old male, presented sufficient evidence that he was terminated by internet startup technology company Crowdtwist…

Read More Age Discrimination Claim Against Internet Startup Crowdtwist Survives Summary Judgment
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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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Yesterday Mayor de Blasio signed legislation designed to protect interns from discrimination, including sexual harassment. The City Council passed the legislation last month, in the wake of a recent federal court decision, Wang v. Phoenix Satellite Television, which held that interns were not employees under, and hence were not entitled to the protections of, the New York City Human…

Read More Mayor de Blasio Signs Legislation Protecting Interns Against Employment Discrimination and Sexual Harassment
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Below is the federal court complaint, captioned Natasha Velez v. Chipotle Mexican Grill et al., 1:14-cv-02625, filed yesterday by plaintiff Natasha Velez against her former employer Chipotle. Plaintiff alleges that she was fired after disclosing that she was a victim of domestic violence and showing her manager a recently-obtained order of protection against her assailant. She…

Read More Lawsuit: Domestic Violence Victim Status Discrimination Case Against Chipotle
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