Employment Discrimination

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In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…

Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary Judgment
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In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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In St. Jean v. Orient-Express Hotels, decided August 7, 2013, the Southern District of New York explained when an entity that is not the plaintiff’s “direct” employer is nevertheless liable for violations of Title VII of the Civil Rights Act of 1964. The court held that plaintiff adequately alleged that the defendant, while not her…

Read More Recent Decision Clarifies “Joint” and “Single” Employer Liability
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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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Below is the complaint recently filed in New York state court by three female plaintiffs against various Merrill Lynch entities.  More information on this (for example) here and here. Plaintiffs allege discrimination in violation of the New York City Human Rights Law (NYCHRL), following the non-prejudicial dismissal of those claims from plaintiffs’ federal lawsuit.  (You can…

Read More Lawsuit: “Boys Club” Alive and Well at Merrill Lynch
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A recent Southern District decision, Brown v. City of New York, outlines conduct that could easily form a roadmap for a corporate sexual harassment training course (in the “what not to do” sense). There, New York City employee Sheila Brown sued the City of New York, alleging (under Title VII of the Civil Rights Act of 1964…

Read More Conduct of Aggressive, Masturbating Misogynistic Co-Worker Results in Denial of Summary Judgment for Defendant on Sexual Harassment Claims
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A gender discrimination claim may lie where, for example, an employer takes an adverse action against an employee based on preconceived notions about women’s roles (so-called “gender stereotyping”). In the Eastern District’s recent decision in Apicella v. Rite Aid, the plaintiff was a pharmacist who claimed that defendant engaged in gender discrimination under Title VII, the Equal…

Read More Adverse Action Based on “Gender Stereotyping” Supports Discrimination Claim
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