Employment Discrimination
$4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…
Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination VictimNYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusStroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…
Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities ActDismissal of FMLA Claims Does Not Preclude Assertion of State/City Human Rights Law Retaliation Claims, First Department Holds
In Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP (decided June 3, 2014), the Appellate Division, First Department held that the plaintiff’s claims of retaliatory termination under the New York State and City Human Rights Laws were not collaterally estopped by a prior federal court decision dismissing her claims under the Family and…
Read More Dismissal of FMLA Claims Does Not Preclude Assertion of State/City Human Rights Law Retaliation Claims, First Department HoldsThere’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…
Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…
Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of EducationWhite Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit
On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…
Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination SuitCourt Upholds Unemployment Benefits Where Claimant Quit Due to Sexual Harassment
In Matter of Gascon (decided May 29, 2014), the Appellate Division, Third Department, upheld a decision by the Unemployment Insurance Appeal Board that the claimant was entitled to receive unemployment insurance benefits. In this case, the claimant asserted that she “quit due to persistent and escalating sexual harassment by her supervisor, the owner” of her employer.…
Read More Court Upholds Unemployment Benefits Where Claimant Quit Due to Sexual HarassmentTown Clerk States Claims For Hostile Work Environment Sexual Harassment and Municipal Liability Under Section 1983
In Smith v. Town of Hempstead (decided May 15, 2014), the Eastern District of New York held that plaintiff stated claims for sexual harassment/hostile work environment under Title VII, and a claim for municipal liability under 42 USC 1983. Plaintiff worked as a Community Research Assistant in the Town’s Clerk’s Office and claimed that she was subjected…
Read More Town Clerk States Claims For Hostile Work Environment Sexual Harassment and Municipal Liability Under Section 1983