In a recently-issued summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s hostile work environment, retaliation, and race, gender, and disability discrimination claims. The case, Solomon v. Southampton Union Free School District, No. 11-3935-cv, 2012 WL 6097357 (Dec. 10, 2012), illustrates yet again…
Read More In Hostile Work Environment Cases, Context CountsLast week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney. Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…
Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law FirmEmployment cases are often difficult to prove, and even the best-intentioned litigants with objectively reasonable factual and legal support for their claim(s) sometimes lose. It happens. Case outcomes are very difficult to predict, due to a variety of factors. A Memorandum and Order issued by Southern District Judge J. Paul Oetken last week in Tucker…
Read More Federal Judge Slams Lawyer For Making Baseless Allegations In Employment CaseIn a recent case, Chenzira v. Cincinnati Children’s Hospital Med. Ctr., an Ohio federal court found that plaintiff stated a claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Defendant fired plaintiff because plaintiff refused to get a flu shot. Plaintiff alleged that this “violated her religious and philosophical convictions…
Read More Broccoli Worship? Federal Court Finds That Veganism Can Be A “Religion” Under Title VIIIn Hernandez v. Kaisman, 2012 NY Slip Op 09191 [103 AD3d 106], the Appellate Division, First Department recently clarified that hostile work environment claims brought under the New York City Human Rights Law (NYCHRL) must be analyzed separately from, and more broadly than, similar claims brought under state and federal law. In this case the motion court…
Read More First Department Reinstates Plaintiff’s Sexual Harassment/Hostile Work Environment Claims Under the NYC Human Rights LawSeems like a straightforward question, right? It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting. However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…
Read More Who Is A “Supervisor”?In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment. Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…
Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment CaseIn Noel v. New York State Off. of Mental Health Cent. New York Psychiatric Ctr., 10-3483-CV, 2012 WL 3764527 [2d Cir. Aug. 31, 2012], the Second Circuit held that back pay and front pay awards under Title VII of the Civil Rights Act of 1964 are “wages” subject to mandatory tax withholding. From the Court’s…
Read More Second Circuit Holds That Title VII Back and Front Pay Awards Are “Wages” Subject to Tax WithholdingBelow is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources. Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…
Read More Race Discrimination Lawsuit Against MercedesIn MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld