Employment Discrimination

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Recently, in Cajamarca v. Regal Entertainment Group, the New York Supreme Court (NY County) dismissed plaintiff’s sexual harassment and related claims arising from the alleged conduct of her co-worker (Gadsden). In this “pure” hostile work environment case (i.e., one in which plaintiff did not suffer a “tangible employment action”), plaintiff alleged that shortly after Gadsden…

Read More Theater Not Strictly Liable for Sexual Harassment by Co-Worker; Masturbation in Plaintiff’s Presence Did Not Constitute Assault
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Below and here is the complaint recently filed in the U.S. District Court for the Western District of New York by sewer maintenance worker Lisa Sprada against her employer, the Town of Cheektowaga. (News coverage here and here.) The case is captioned Sprada v. Town of Cheektowaga, WDNY 13-00985. Plaintiff alleges that upon transferring into her…

Read More Female Sewer Maintenance Worker’s Sexual Harassment Lawsuit
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Here is the race and national origin discrimination lawsuit filed on November 6, 2013 by Moselle Blanco against Alexander McQueen Trading Ltd., Max Cantey, and Monique Hagan. Plaintiff alleges, for example, that her co-worker Max Cantey subjected her to racially derogatory remarks (such as calling her “taco smoke” and “burrito face” and saying that she “had…

Read More Race and National Origin Discrimination Lawsuit Against Alexander McQueen Trading Ltd.
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Plaintiff and former school principal Michelle Askin alleged in a discrimination lawsuit that she was “subjected to unfair and excessive scrutiny and reprimands during 2010 to 2011, including an investigation into allegations of misconduct” and then terminated.  At the time, plaintiff was 54 and served as the principal of a school she had founded. In…

Read More Age Discrimination Complaint Against Dept. of Education Dismissed; No “Inference of Discrimination”
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In Kulaya v. Dunbar Armored, Inc., the Appellate Division, Second Department affirmed summary judgment for defendant on plaintiff’s disability discrimination claim under the New York State Human Rights Law. It recited the legal standard: To state a prima facie case of employment discrimination due to a disability under [the New York State Human Rights Law, codified…

Read More No Disability Discrimination Where Plaintiff Failed to Show That Position Remained Available
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A recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…

Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation Claim
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In a lawsuit captioned Mercado v. Dr. Gabriela Ana Olaru (N.Y. Sup. Ct. Index No. 160167/2013), plaintiff Jennifer E. Mercado alleges that her employer discriminated against her because of pregnancy-related work absences and lateness. From the complaint: Ms. Mercado found out that she was pregnant in or around April of 2011 and informed her employer shortly thereafter.…

Read More Pregnancy Discrimination Lawsuit Against OB-GYN
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In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…

Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory
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On Friday, the Second Circuit held in Colquitt v. Xerox Corp. (Summary Order) that plaintiff’s employment discrimination claims that were not raised – or “administratively exhausted” – in the U.S. Equal Employment Opportunity Commission (EEOC) were properly dismissed from plaintiff’s lawsuit. In Colquitt, plaintiff alleged that she was subjected to (1) a race-based denial of phone privileges and…

Read More Second Circuit Affirms Dismissal of Employment Discrimination Claims Not Raised in the EEOC
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