Employment Discrimination

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Happy Valentine’s Day! In keeping with what I hope will be a continued practice of keying blog posts to holidays, I present to you the case of Ashok v. Barnhart, 289 F. Supp. 2d 305 (EDNY 2003). In Ashok, plaintiff claimed that she was subjected to retaliation and a hostile work environment based on national…

Read More Allegedly “Humiliating” Valentine’s Day Poster Did Not Support Hostile Work Environment Claim
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In Quinones v. Cornell Univ, 2014 NY Slip Op 00882 [114 AD3d 472] (App. Div. 1st Dept. Feb. 11, 2014), the Appellate Division, First Department affirmed a decision by New York Supreme Court Judge Shlomo Hagler to disallow an untimely motion for summary judgment by defendant. Plaintiff sued Cornell alleging employment discrimination based upon national origin and…

Read More Employment Discrimination Defendant Denied Opportunity to File Untimely Summary Judgment Motion
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A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint
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In Kemp v. CSX Transp., Inc., the Northern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ racially hostile work environment and disparate treatment claims. As to plaintiffs’ hostile work environment claims, the court held: Plaintiffs allege that they were subjected to vulgar racial language throughout their employment and often viewed…

Read More Citing “Vulgar Racial Language” and More Lenient Treatment of White Employees, Court Denies Summary Judgment on Plaintiff’s Race Discrimination and Hostile Work Environment Claims
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In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue
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In Pecile v. Titan Capital Group, the Appellate Division, First Department, ruled on a number of discovery issues relating to, among other issues, plaintiffs’ social media postings. The case made headlines a few years back (e.g., here, here, and here) due to its racy allegations that financier Russell Abrams forced his assistant, plaintiff Danielle Pecile, to get prints of honeymoon…

Read More Court Rules on Discovery Issues in “Topless Wife Photo” Sexual Harassment Case Against Titan Capital and Russell Abrams
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In Saliba v Five Towns College, the Eastern District of New York held that plaintiff, an assistant professor, failed to state a claim for retaliation under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that she was terminated solely because she had voiced her concerns regarding rampant corruption in the administration of…

Read More Court Dismisses Professor’s Retaliation Claim Based on Complaints About Another Professor’s Sexual Harassment of Students
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In Matter of Arcuri v. Kirkland, the Appellate Division, Third Department annulled a decision by a State Division of Human Rights (SDHR) Administrative Law Judge (ALJ) that GPA Development Corporation subjected its employees, Adam Bargy and Orlando Colon, to a hostile work environment based on sexual harassment and retaliated against them for complaining about it. The…

Read More Court Annuls NYS Division of Human Rights Finding That Male Employees Were Subjected to Gender-Based Hostile Work Environment and Retaliation
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In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
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In Pickering v. Uptown Communications & Elec., Inc., the New York Supreme Court (Queens County) denied defendants’ motion for summary judgment on plaintiff’s “prior conviction” discrimination claim, but dismissed his race discrimination claim. Defendant Uptown, a contractor for Time Warner Cable of New York City, employed plaintiff as a cable technician. A criminal background check…

Read More Cable Technician’s Criminal Conviction Discrimination Claim Continues; Race Discrimination Claim Dismissed
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