The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $350,000 settlement in the case captioned EEOC v. La Rana Hawaii, LLC d/b/a Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK, which it filed in the U.S. District Court for the District of Hawaii. From the EEOC press release: The [EEOC alleged] that at least…
Read More $350,000 Settlement in Senor Frog Sexual Harassment CaseA recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital. She alleged that she was suspended based on defamatory…
Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination ClaimsIn Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…
Read More Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination ClaimsIn Smith v. Town of Hempstead Dept. of Sanitation Sanitary District No. 2, decided November 16, 2013, the Eastern District of New York discussed the application of the Supreme Court’s recent Nassar decision in the context of a summary judgment motion. Nassar modified the standard for proving retaliation under Title VII of the Civil Rights Act of…
Read More Plaintiff Presented Sufficient Evidence of Retaliation to Survive Summary Judgment Under New “But For” Causation StandardIn Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL). Defendants moved to dismiss plaintiffs’ claims under FRCP…
Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave RequestsHere is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…
Read More Sexual Harassment Lawsuit Against Catholic Charities Neighborhood ServicesBelow and here is the complaint filed in New York state court on Wednesday by yoga instructor Dilek Edwards against Charles V. Nicolai and Stephanie Adams. Plaintiff alleges that defendants fired plaintiff, allegedly because Ms. Adams was jealous of plaintiff’s working relationship with her husband (Nicolai). It also alleges that, as a result of a complaint…
Read More Yoga Instructor’s Sexual Harassment and Gender Discrimination Complaint Against Charles Nicolai and Stephanie AdamsIn Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…
Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights LawThis week in Litzman v. City of New York, Southern District of New York Judge Harold Baer largely sided with plaintiff, Probationary New York City Police Officer Fishel Litzman, in his lawsuit alleging religious discrimination. Plaintiff follows the rules and traditions of the Chabad Lubavitch Jewish community, and his Orthodox Jewish faith prohibits him from…
Read More SDNY Holds That NYPD Failed to Reasonably Accommodate Jewish Officer’s Religious BeliefsIn Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…
Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim