Employment Discrimination

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Cafe Lalo, the Upper West Side cafe featured in the Tom Hanks/Meg Ryan romantic comedy “You’ve Got Mail” has been sued for wage violations and sexual harassment. Here’s the complaint. The plaintiffs, several women, allege (among other things) that defendant Daniel Reyes, a “barista and defacto manager … treated the restaurant as his own personal dating…

Read More “You’ve Got Mail” Cafe Sued for Sexual Harassment and Wage Violations
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In Davis v. Duane Reade, Inc. (2d Dept. Sept. 24, 2014), the court explained the narrow scope of the waiver provision of New York’s Whistleblower Law: Labor Law § 740(7) provides that “the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any…

Read More Court Clarifies Limited Scope of Whistleblower Law’s Waiver Provision
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In Pal v. New York University (Summary Order dated 9/22/14), the U.S. Court of Appeals for the Second Circuit clarified that New York’s “Whistleblower” law – New York Labor Law § 740 – only provides for “equitable” relief (such as back pay), does not allow recovery for “future or anticipated lost wages or benefits,” and does not provide…

Read More Second Circuit Clarifies Remedies Available Under New York’s “Whistleblower Law”, New York Labor Law 740/741
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By now you may have read the open letter by SoHo bartender Laura Ramadei to customer/hedge funder Brian Lederman, chronicling an unpleasant encounter in which Lederman allegedly groped Ms. Ramadei while she was waiting on him and then left her a paltry tip because she rejected his amorous advances. Here’s the Gothamist article about the incident.…

Read More Sexual Harassment by Non-Employee Customers, Clients, and Patrons
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In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank
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In Johnson v. City University of New York, decided Sept. 8, 2014, the Southern District of New York once again clarified that Title VII of the Civil Rights Act of 1964 does not prohibit bullying and harassment that is unconnected with legally-protected characteristics. The court’s first paragraph summarizes the law nicely: Bullying and harassment have no…

Read More “Bullying” and “Harassment” Unconnected to Membership in a Protected Class Not Actionable Under Title VII
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In Delaney v. Bank of America et al. (decided 9/5/14), the Second Circuit affirmed the district court’s decision granting defendant summary judgment on plaintiff’s age discrimination and breach of contract claims. Age Discrimination As to plaintiff’s age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA), the court rejected plaintiff’s reliance on another…

Read More Second Circuit Affirms Dismissal of Age Discrimination and Breach of Contract Claims
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Here is the complaint recently filed by Mets executive Leigh Castergine against Sterling Mets Front Office LLC and Chief Operating Officer Jeffrey Wilpon. Plaintiff alleges that she was discriminated against by Wilpon because she had a child without being married (a practice Wilpon was “morally opposed to”), and then fired for complaining about discrimination.

Read More Mets Executive Alleges She Was Fired For Out-of-Wedlock Pregnancy
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In Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…

Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine
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