Employment Discrimination

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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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One way to prove discrimination is by introducing evidence of negative comments pertaining to the plaintiff’s protected class or about others in the plaintiff’s protected class. But what if some, or all, of the derogatory comments are not directly perceived by the harassment victim? That is one of the issues addressed by the Southern District…

Read More Secondhand “Incendiary” Comments Regarding Sexual Orientation Sufficient to State Hostile Work Environment Claim
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In Lapaix v. City of New York (decided Aug. 12, 2014), the Southern District of New York held that plaintiff – a retired Marine Colonel – adequately pleaded various employment discrimination claims. Here’s plaintiff’s complaint. Initially the court held that plaintiff stated military status discrimination claims under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the New…

Read More Retired Marine States Military Status, Race, and National Origin Discrimination Claims
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The sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…

Read More Depression as a “Disability” Under the Anti-Discrimination Laws
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Here is the complaint filed on August 8, 2014 against Urban Outfitters. Plaintiff alleges that she was subjected to sexual harassment by customers and store personnel, constructive discharge, and retaliation. (Update: In a June 9, 2015 decision, the court denied defendant’s motion to dismiss.) From her complaint: From the beginning of Plaintiff’s employment, Defendant [], despite being…

Read More Sexual Harassment Lawsuit Against Urban Outfitters
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