Employment Discrimination

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In Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…

Read More Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”
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On June 25, 2015, the EEOC issued a revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. This document supersedes the Enforcement Guidance dated July 14, 2014. The EEOC left much of the  prior guidance intact, but modified portions of it (relating to disparate treatment and light duty) in response to the Supreme Court’s decision…

Read More EEOC Issues Revised Pregnancy Discrimination Enforcement Guidance in Light of Young v. UPS
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In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim
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In Duckett v New York Presbyt. Hosp., 2015 NY Slip Op 05769 (App. Div. 1st Dept. July 2, 2015), the court affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. The court held: Issues of fact exist as to whether the hospital unlawfully terminated petitioner’s employment because of her disability. There…

Read More Disability (Mental Illness) Discrimination Claim Against Hospital Survives Dismissal
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On June 29, 2015, a Manhattan federal jury awarded plaintiff Hanna Bouveng $18 million in her sexual harassment lawsuit against Benjamin Wey and his company, New York Global Group. This verdict is not necessarily the end of the matter; Judge Gardephe has already set a briefing schedule for post-trial motions. Here are the verdict form…

Read More Jury Awards Hanna Bouveng $18M in Sexual Harassment Suit Against Benjamin Wey
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In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary…

Read More Court Dismisses Hostile Work Environment Claim Based on “Severe” (but “Isolated”) Remarks
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In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case
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The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as…

Read More Asserted Racial Epithets and Physical Threats Plausibly Allege Racially Hostile Work Environment
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