Employment Discrimination

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Often, the facts that give rise to employment discrimination, hostile work environment, or constructive discharge claims will give rise to state law claims such as assault, battery, or intentional infliction of emotional distress. This is what happened in Castagna v. Luceno and Majestic Kitchens. There, plaintiff alleged that her boss, Bill Luceno, engaged in physically abusive…

Read More Filing EEOC Charge Does Not Toll Statute of Limitations for Related State Tort Claims
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In Castagna v. Luceno and Majestic Kitchens, 2014 WL 840820 (Summary Order), the U.S. Court of Appeals for the Second Circuit recently vacated a district court’s grant of summary judgment to defendants, and held that a reasonable jury could conclude that plaintiff suffered a sex-based hostile work environment under Title VII of the Civil Rights Act of…

Read More Physical Threats Directed Solely at Women Supported Claim of Hostile Work Environment Based on Sex
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Below is the state court complaint recently filed by Emily Feliciano against Starbucks and assistant manager Anthony Nunez. Among other things, plaintiff alleges that Nunez sexually harassed plaintiff verbally (such as by making an obscene observation that she was “wet”, telling her to call him “daddy”, and demanding sex) and physically (such as by trapping her…

Read More Sexual Harassment Lawsuit Against Starbucks
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In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
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In Pryor v. Jaffe & Asher, the Southern District of New York held that plaintiff adequately stated claims for hostile work environment, gender discrimination, and constructive discharge. Here are the facts, taken from plaintiff’s complaint: Defendant Jaffe & Asher is a law firm doing business in New York, New York. Defendant Jeffrey Tseng, an employee…

Read More Plaintiff Sufficiently Alleged Hostile Work Environment, Gender Discrimination, and Constructive Discharge Claims Against Law Firm
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In Chepak v. Metropolitan Hospital (Summary Order), the Second Circuit recently vacated a trial court’s judgment dismissing plaintiff’s Equal Pay Act and Title VII discrimination claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court noted that “a complaint alleging workplace discrimination and retaliation need not allege specific facts…

Read More Second Circuit Revives Equal Pay Act and Title VII Discrimination Claims
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In Glaser v. Gap Inc., the Southern District of New York denied defendant’s motion for summary judgment on plaintiff’s disability discrimination and failure to accommodate claims under the Americans with Disabilities Act (ADA) and the broader New York State Human Rights Law (NYSHRL). Plaintiff is a 37 year-old man who suffers from autism and who…

Read More Autistic Man’s Disability Discrimination Claims Continue
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Happy Valentine’s Day! In keeping with what I hope will be a continued practice of keying blog posts to holidays, I present to you the case of Ashok v. Barnhart, 289 F. Supp. 2d 305 (EDNY 2003). In Ashok, plaintiff claimed that she was subjected to retaliation and a hostile work environment based on national…

Read More Allegedly “Humiliating” Valentine’s Day Poster Did Not Support Hostile Work Environment Claim
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In Quinones v. Cornell Univ, 2014 NY Slip Op 00882 [114 AD3d 472] (App. Div. 1st Dept. Feb. 11, 2014), the Appellate Division, First Department affirmed a decision by New York Supreme Court Judge Shlomo Hagler to disallow an untimely motion for summary judgment by defendant. Plaintiff sued Cornell alleging employment discrimination based upon national origin and…

Read More Employment Discrimination Defendant Denied Opportunity to File Untimely Summary Judgment Motion
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A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint
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