Employment Discrimination

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In Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…

Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination Claim
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In Jackson v. OpenCommunications Omnimedia, LLC, the New York State Supreme Court ordered defendants to produce “all documents and notes related to an internal investigation conducted … in connection with the Plaintiff’s complaints of sexual harassment and discrimination.” Defendants resisted production on the ground of privilege. Citing the liberal discovery principles embodied in CPLR 3101, the court granted…

Read More Court Orders Production of Materials Relating to Internal Sexual Harassment Investigation
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In Santiesteban v. Nestle Waters North America, Inc. (decided Oct. 15, 2014), the Eastern District of New York denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (based on religion). As to plaintiff’s discrimination claim, the court held: [T]he comments that “you people are manipulative,” that “Plaintiff manipulated … Cappetta…

Read More Evidence of Derogatory Comments About Jews Leads to Denial of Summary Judgment in Employment Discrimination Case
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A recent Appellate Division, Second Department decision, Sicuranza v. Philip Howard Apts. Tenants Corp. (decided 10/22/14), held that the plaintiff’s claims of sexual harassment, battery, negligent hiring, and negligent supervision were barred by a release executed by the plaintiff as part of a separation agreement she entered into with her former employer, nonparty Cooper Square Realty, Inc.…

Read More Release Bars Sexual Harassment, Battery, Negligent Hiring, and Negligent Supervision Claims
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A recent Eastern District decision, Delisi v. National Ass’n of Professional Women, illustrates the circumstances under which an individual defendant – here, defendant’s general counsel – may be liable under the “aiding and abetting” and retaliation provisions of the New York State Human Rights Law (NYSHRL). Generally, plaintiff asserted that she was subjected to sexual harassment, and…

Read More Company’s Alleged Failure to Investigate Discrimination Complaint Supported “Aiding and Abetting” and Retaliation Claims
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Here is the recent employment discrimination lawsuit filed against HSBC, captioned Michael Preston v. HSBC Securities (USA) Inc., 14-cv-8402. Plaintiff alleges, among other things, that he was sexually harassed by a gay co-worker – which involved explicit requests for sexual favors, physically touching and fondling plaintiff, and sexual remarks about plaintiff’s penis – and then fired a…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against HSBC
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In Parra v. City of White Plains (decided Sept. 4, 2014), the Southern District of New York held that plaintiff plausibly alleged some, but not other, claims of discrimination. Plaintiff, a Hispanic female police officer, alleged that defendants subjected her to a hostile work environment based on sexual harassment, retaliated against her for complaining about the…

Read More Pairing Harassment Victim With Harassers Was Unreasonable, Supporting Vicarious Liability in Police Officer’s Sexual Harassment/Hostile Work Environment Case
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In Nankivell v. Ardis Health, LLC, the court denied defendants’ motion to dismiss plaintiff’s claim for sex discrimination and harassment under the New York City Human Rights Law (NYCHRL). The NYCHRL is broader than its federal and state counterparts (Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law,…

Read More Sexual Comments and Conduct Were Not “Petty Slights or Trivial Inconveniences”, Supporting Sexual Harassment/Hostile Work Environment Claim Under NYC Human Rights Law
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In Cadet-Legros v. New York University Hospital Center, 2014 WL 11087457 (Sup. Ct. NY Cty . Oct. 9, 2014), the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper…

Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination Claim
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In EEOC v. Port Authority, decided 9/29/14, the Second Circuit provided guidance on the level of specificity necessary to survive a motion to dismiss a claim under the Equal Pay Act of 1963, 29 U.S.C. 206(d). This case began with a charge of discrimination filed by a female Port Authority attorney, and led to an investigation…

Read More Failure to Allege Facts Concerning Attorneys’ Job Duties Results in Dismissal of Equal Pay Act Claim
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