Employment Discrimination

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Here is the complaint filed on September 3, 2014 by Danny Yoo against The New York Palace Hotel and Michael Richard. Plaintiff alleges, among other things, that after Richard noticed a bubble on an eclair plaintiff had worked on, Richard approached plaintiff “and all of a sudden began tapping [plaintiff]’s chin and lips repeatedly with…

Read More Danny Yoo’s Sexual Harassment Lawsuit Against The New York Palace Hotel and Michael Richard
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In Vormittag v Unity Elec. Co., Inc., 12 CV 4116 RJD RLM, 2014 WL 4273303 [EDNY Aug. 28, 2014], the Eastern District of New York granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim, but denied it with respect to plaintiff’s retaliation claim. Plaintiff sued after being furloughed and fired due to a large-scale…

Read More Father’s Third-Party Retaliation Claim Arising From Daughter’s Sex Discrimination Charge Survives Summary Judgment
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In Valleriani v. Route 390 Nissan (filed Sept. 2, 2014), the Western District of New York denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim: [T]o constitute gender discrimination in the form of a hostile work environment, the conduct directed at Plaintiff had to be based on her gender. Here, the incidents…

Read More Content, Rather Than Motivation, for Sexually Offensive Language is Relevant in Hostile Work Environment Case, According to Court
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In Chiaramonte v. The Animal Medical Center, the Southern District of New York recently held that plaintiff successfully pleaded – “by a very narrow margin” – claims under the federal Equal Pay Act and its New York equivalent. In this case, Plaintiff alleges in the Amended Complaint that she, in addition to serving as a…

Read More Female Veterinarian Plausibly Alleges Equal Pay Act Claims
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In a recently-filed complaint, five plaintiffs allege that they were subject to discrimination and a hostile work environment based on their race and disabilities while employed by Levy Premium Foodservice Limited Partnership, which provides food and catering services for Brooklyn Events Center, d/b/a Barclays Center. Plaintiffs (who are black) allege that defendants subjected plaintiffs to…

Read More Lawsuit Alleging Race and Disability Discrimination Against Barclays Center
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In Shafer v. The American University in Cairo, plaintiff – a tenure-track Assistant Professor – alleged that she was subjected to a hostile work environment, demoted, and discriminated against relative to tenure as a result of her identity as a white American Muslim woman, and then retaliated against for complaining about discrimination.  The court granted summary judgment to defendants…

Read More Retaliation, But Not Religious Discrimination, Claims Continue Against American University in Cairo
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According to a lawsuit filed earlier this year, the male executives at Archie Comics behaved more like Reggie Mantle than Archie Andrews. Plaintiffs – several female employees – allege that various male executives humiliated, harassed, bullied, and intimidated female employees because of their gender and their support of co-CEO Nancy Seiberkleit. They further allege that “Archie Comics is…

Read More Lawsuit Alleges Gender Discrimination, Hostile Work Environment, and Retaliation at Archie Comics
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In Giscombe v. New York City Dept. of Education, the Southern District of New York denied defendant’s motion for summary judgment on plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here’s plaintiff’s amended complaint. Plaintiff, a physical education teacher, claimed that the DOE re-opened an investigation into claims that he…

Read More NYC Gym Teacher’s Retaliation Claims, Following (Retracted) Allegations of Inappropriate Sexual Conduct Towards Students, Continues
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A recent Southern District of New York decision, Fitzgerald v Signature Flight Support Corp., 13 CV 4026 VB, 2014 WL 3887217 [SDNY Aug. 5, 2014], is illustrative of how a plaintiff may plausibly allege age discrimination under the Age Discrimination in Employment Act of 1967. There was no dispute that plaintiff satisfied the first three elements…

Read More Selective Enforcement of “Sleeping on the Job” Rules Plausibly Supports Age Discrimination Claim
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In Moll v. Telesector Resources Group, the U.S. Court of Appeals for the Second Circuit (in a July 24, 2014 decision) vacated the district court’s dismissal of plaintiff’s sex-based hostile work environment claim. Plaintiff alleged, inter alia: [I]n 1998 and 1999, Daniel Irving, a Senior Systems Analyst, left Moll three inappropriate notes. And in 1999,…

Read More Non-Sexual Comments Can Still Give Rise to a Sex-Based Hostile Work Environment, Second Circuit Holds
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