Yesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar. The transcript is below. I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here. The issue is whether a plaintiff seeking to prove retaliation under Title…
Read More SCOTUS Hears Oral Argument On Title VII Retaliation IssueIn Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim. What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…
Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities. …
Read More Cuttino Mobley’s Disability Discrimination Claims SurviveIn Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…
Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting ClaimsLast week in Parisi v. Goldman, Sachs & Co., the Second Circuit held that the trial court should have granted defendant’s motion to compel arbitration of claims brought by former managing director Lisa Parisi – who is one of three women suing Goldman – that she was subjected to gender discrimination. She contends that defendant…
Read More 2nd Circuit: Under Title VII “Pattern or Practice” Refers to a Method of Proof, Not a Substantive RightThis week New York City lawmakers enacted (over a mayoral veto) a law prohibiting discrimination against out-of-work job seekers. (Click here for similar proposed, but un-enacted, federal legislation.) Click here for the legislation’s text and history and here for a press release discussing it. The law will take effect within 90 days of its enactment (March…
Read More New York City Enacts Legislation Prohibiting Discrimination Based On UnemploymentSumma v. Hofstra (11-1743, Feb. 21, 2013): The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants. Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it. Among other things,…
Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra UniversityIn a letter to three federal judges, including the Honorable John G. Koeltl of the Southern District of New York, NELA/NY members Herb Eisenberg and Julian Birnbaum explain why recent proposed changes to the Federal Rules of Civil Procedure that would tend to limit discovery would for that reason be detrimental to employment discrimination plaintiffs.…
Read More Letter Highlights Evidentiary Difficulties Faced By Employment Discrimination PlaintiffsIn Farren v. Shaw Environmental, No. 12-1008 (2d Cir. Jan. 31, 2013), the Second Circuit affirmed the lower court’s dismissal of plaintiff’s case due to a failure to exhaust administrative remedies in the U.S. Equal Employment Opportunity Commission (“EEOC”) and New York State Division of Human Rights (“DHR”), as required by Title VII of the…
Read More 2nd Circuit Explains Difference Between “Disparate Treatment” and “Hostile Work Environment” Theories As Relevant To Title VII’s Administrative Exhaustion RequirementToday is Martin Luther King, Jr. Day. Below is a picture of President Lyndon Johnson signing into law the Civil Rights Act of 1964 – one of the broadest-sweeping pieces of civil rights legislation in U.S. history – as Dr. King looks on. The date was July 2, 1964. Here’s video. Title VII of that…
Read More The Content of Their Character