Employment Law

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In Jones v. The City of New York, 150316/12, 2018 WL 1256993 (N.Y.Sup.), 2018 N.Y. Slip Op. 30398(U), the court granted defendant’s motion for summary judgment as to plaintiff’s claim for sexual harassment under the New York State Human Rights Law. It reached the opposite conclusion, however, with respect to plaintiff’s claim under the New…

Read More City Law Sexual Harassment Claim Survives Dismissal [Jones v. City of NY]
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In Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) (en banc), an en banc (i.e., full) panel of the U.S. Court of Appeals for the Ninth Circuit held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the “catchall” exception of the…

Read More Ninth Circuit Holds that Salary History May Not Justify Gender Pay Differential Under the Equal Pay Act [Rizo v. Yovino]
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In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…

Read More Sexual Harassment “Label” Insufficient; Claim Dismissed
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In Murphy v. Wappingers Central School District, 15-cv-7460, 2018 WL 1831847 (S.D.N.Y. April 16, 2018), the court dismissed plaintiff’s hostile work environment claim. In sum, the court held that the alleged harasser (DeFazio) created an “abusive” environment for the plaintiff, but that plaintiff could not show that the harasser’s conduct should be imputed to the…

Read More Hostile Work Environment Claim Dismissed; While Conduct Was “Abusive” There Was No Basis For Imputing it to Employer
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In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over…

Read More Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) held that plaintiff failed to state a religious discrimination (hostile work environment) claim. From the decision: Salas has failed to allege even a single instance where she or a coworker was personally harassed on the…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
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On April 11, 2018, the NYC Council enacted several laws (collectively the “Stop Sexual Harassment in NYC Act”) strengthening New York City’s anti-sexual harassment policies and combating sexual harassment in the workplace. This legislation will be among the strictest anti-sexual harassment legislation in the country. Information about the various laws can be found here (you can…

Read More NYC Council Enacts Sexual Harassment Legislative Package
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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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