Employment Discrimination

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Today the EEOC issued its Enforcement Guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. Unlike New York law, federal law does not specifically prohibit discrimination based on arrest or conviction records.  However, federal law does prohibit discrimination on the basis of…

Read More EEOC Issues Guidance on Employers’ Use of Arrest and Conviction Records Under Title VII
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The New York Supreme Court decided, in Clark v. Allen & Overy LLP, that plaintiff Deidre Holmes Clark may continue to litigate, in New York, her claims arising from alleged harassment in defendant law firm Allen & Overy’s Moscow office. Executive Law §298-a[1] provides that the New York State Human Rights Law applies “to an…

Read More Plaintiff May Continue Claims in NY Arising From Harassment in Russia
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Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

Read More Aspiring Model’s Sexual Harassment Lawsuit
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Crump v. NBTY, Inc. et al., 10-cv-632 (WFK) (ETB) (EDNY March 1, 2012) illustrates that even a single, facially neutral (but arguably racist) remark by a supervisor may be enough to proceed to a jury trial on a Title VII discrimination claim. Defendant contended that it fired plaintiff for theft and for improperly using a…

Read More Court Allows Race Discrimination Claim, Based on Single Racist Remark, to Proceed to Jury Trial
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In Zutrau v. Ice Systems, Inc., the Supreme Court, Suffolk County dismissed plaintiff’s “quid pro quo” sexual harassment claim. Plaintiff – the entity defendant’s executive vice president – asserted numerous claims, both individually and derivatively, against the entity defendant and Jansing, its president and majority shareholder. The court explained the law as follows: To make out…

Read More Court Rejects “Quid Pro Quo” Sexual Harassment Claim Where Plaintiff was Fired After Rebuffing Ex-Lover’s Attempt to Rekindle Relationship
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Below is the federal court complaint filed by Rita Walsh against the New York City Housing Authority on September 12, 2011 containing her allegations that she was not hired by the NYCHA as its first female bricklayer because of her gender. Her complaint – which seeks relief under Title VII of the Civil Rights Act of 1964, the New York…

Read More Plaintiff Alleges She Was Not Hired For Bricklayer Position Because of Her Gender
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In Briggs v. Women in Need, Inc, 819 F.Supp.2d 119 (2011), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s complaint alleging discrimination under the Pregnancy Discrimination Act (PDA) by her nonprofit employer. The Facts Plaintiff advised her employer of her pregnancy in March 2007, went on medical leave due to her high-risk pregnancy…

Read More Plaintiff May Press Pregnancy Discrimination Claims Against Non-Profit Women in Need Inc.
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Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl
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In Govori v. Goat Fifty LLC, 10 Civ. 8982 (S.D.N.Y. March 30, 2011), the Southern District of New York held that plaintiff adequately stated a claim for pregnancy discrimination. Plaintiff contended that she was fired after announcing her plans to undergo in vitro fertilization (“IVF”), and sought relief under Title VII of the Civil Rights…

Read More Female Server States Claim For Pregnancy Discrimination, Bias Against In Vitro Fertilization
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