Employment Law

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From Radler v. Catholic Health Sys. of Long Island, Inc., No. 2014-10867, 2016 WL 6604540 (N.Y. App. Div. 2d Dept. Nov. 9, 2016): To establish entitlement to summary judgment in a case alleging discrimination, the defendants must demonstrate either the plaintiff’s inability to establish every element of intentional discrimination, or, having offered a legitimate, nondiscriminatory reason…

Read More Sexual Harassment Claim Properly Dismissed on Summary Judgment; “Coarse Comments” Regarding Inappropriate Attire Insufficient
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In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and…

Read More Sexual Harassment, Retaliation Claims Properly Dismissed Against NYC Dept. of Education
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Donald J. Trump’s election is likely to be a major topic of discussion among many people, particularly at work. The topic of sex – including sexual harassment and sexual assault – has, one could say, dominated this election. While sex is no stranger to politics (see, e.g., Clinton/Lewinsky) this time seems … different. Examples include…

Read More Donald Trump, Sexual Harassment, and the Workplace
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In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title…

Read More Distinguishing Between “Sexual Orientation Discrimination” and “Gender Stereotyping”, Court Dismisses Gay Man’s Discrimination Claim
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In Frederick v. United Bhd. of Carpenters & Joiners of Am., No. 15-1065, 2016 WL 6518812 (2d Cir. Nov. 3, 2016), the Second Circuit reminds us that Title VII of the Civil Rights Act of 1964 protects against only a subset of arguably unfair workplace conduct. In affirming the district court’s dismissal of plaintiff’s employment…

Read More Unfair, But Not Unlawful: Court Again Reminds Us of the Limitations of Title VII
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code…

Read More Second Circuit Addresses the Standard for Punitive Damages Under the NYC Human Rights Law
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In Moll v. Telesector Res. Grp., Inc., No. 04-CV-0805S(SR), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016), a sex discrimination/hostile work environment/retaliation case, the court ruled on the parties’ respective motions to compel discovery. (For more background on this case, you may wish to review the Second Circuit’s 2014 decision vacating the district court’s 2012 summary judgment…

Read More Court Rules on Social Media Discovery Request in Sexual Harassment Case
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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