Employment Discrimination

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In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment
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Here is the recently-filed complaint against NYG Capital and its CEO Benjamin Wey. Plaintiff Hanna Bouveng alleges, among other things, that she “was repeatedly and consistently subjected to unsolicited sexual propositions and sexual commands, as well as sexual gropings, molestations, assault and battery, as well as stalking.”

Read More Sexual Harassment Lawsuit by Hanna Bouveng Against NYG Capital and Benjamin Wey
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In Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…

Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…

Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”
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In Echevarria v. Insight Medical, P.C. et al, SDNY Case No. 13-cv-03710, a federal jury recently awarded a plaintiff $50,000 in compensatory damages ($0 in punitive damages) in her sexual harassment and retaliation lawsuit against a Bronx medical practice and its principals. Plaintiff alleged that one individual defendant sexually harassed her – by, for example, sending her unwanted text messages…

Read More Jury Awards $50,000 to Plaintiff on Retaliation Claims in Sexual Harassment Lawsuit
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A Brooklyn federal jury recently awarded $40,000 (comprising $10,000 compensatory, $30,000 punitive) to plaintiff Corey Lashley on his claims of quid pro quo sexual harassment, hostile work environment, discrimination, and retaliation. Plaintiff alleged in his complaint that his female boss – who hired him after meeting him at a nightclub – sexually harassed him and fired him after he rebuffed…

Read More Jury Awards $40,000 to Man Sexually Harassed by Female Boss
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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Gookool v. Laser, 2014 NY Slip Op 50906(U) [43 Misc 3d 1232(A)], the New York Supreme Court, Suffolk County dismissed plaintiff’s national origin discrimination claims. Plaintiff asserted that the defendant engaged in unlawful employment discrimination by requiring him to perform certain work tasks in addition to his other job responsibilities. Even assuming this was true, he failed to…

Read More National Origin Discrimination Claims Dismissed in Light of Terms of Employment
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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