In Frederick v. JetBlue Airways Corp., No. 16-1373-CV, 2016 WL 6885714 (2d Cir. Nov. 22, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA) as being time-barred – i.e., filed…
Read More “Equitable Tolling” Does Not Save Time-Barred Discrimination ClaimsA recent decision, Forest v. NYS Office of Mental Health, No. 15-3950, 2016 WL 6917228 (2d Cir. Nov. 23, 2016) (Summary Order), illustrates that not every employer’s action qualifies as an “adverse employment action” sufficient to establish a retaliation claim under Title VII of the Civil Rights Act of 1964. In this case, the court…
Read More Title VII Retaliation Claim Properly Dismissed; Discipline Per Employer Policy and “Trivial Harms” Were Not “Adverse Employment Actions”In a lawsuit filed in New York State Court on 11/22/16, captioned Corcoran v. Siebert Cisneros Shank Co LLC et a (Index No. 159868/2016), plaintiff asserts that “[h]is working environment … more closely resembled a rowdy teenage boys’ locker room than a professional trading floor at a well-regarded Wall Street firm.” This allegation evokes president-elect Donald…
Read More Sexual Harassment Lawsuit Against Siebert Cisneros ShankIn Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…
Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)In today’s political climate, it is more important than ever to protect workers from workplace discrimination, including sexual harassment and discrimination based on protected characteristics such as gender, race/color, religion, sexual orientation, and national origin. Last week the U.S. Equal Employment Opportunity Commission, the federal administrative agency tasked with enforcing, inter alia, Title VII of the…
Read More EEOC Issues Enforcement Guidance on National Origin DiscriminationIn a recently-filed lawsuit, captioned Castellanos v. Berkman Capital LLC et al (filed in NY Sup. Ct., Index 159768-2016, 11/18/16), plaintiff asserts claims of gender discrimination, pregnancy discrimination, and sexual harassment against financial lending company Berkman Financial and others, including individual defendants Geoffrey Byruch and Michael Vulcano. Plaintiff alleges, among other things, that she was…
Read More Sexual Harassment, Gender/Pregnancy Discrimination Lawsuit Against Berkman CapitalA recent upstate appellate decision addresses the correlation between a sexual harassment claim, on the one hand, and workers’ compensation benefits, on the other. In Shiner v. Suny at Buffalo, No. 522762, 2016 WL 6782717, (N.Y. App. Div. 3d Dept. Nov. 17, 2016), the court affirmed the Workers Compensation Board’s decision that claimant’s failure to obtain…
Read More Sexual Harassment Settlement Bars Further Workers Compensation Benefits, DeIn Case v. Onondaga Cty., No. 5:14-cv-272, 2016 WL 6781237 (N.D.N.Y. Nov. 16, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. As to plaintiff’s harassment claim, the court explained: Here, assuming, without deciding, that [alleged…
Read More Sexual Harassment Claim Dismissed in Light of Policy and InvestigationIn Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…
Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently PledIn Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of…
Read More Sexual Orientation Discrimination Claim Must Be Arbitrated; Consent to Arbitration Was “Knowing and Voluntary”