Hostile Work Environment

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In Shkreli v. JPMorgan Chase Bank, N.A., No. 13 CIV. 5647 LGS, 2015 WL 1408840 (S.D.N.Y. Mar. 27, 2015), plaintiff – a banker employed by defendant – asserted claims for false imprisonment and intentional infliction of emotional distress against his employer. The court held that plaintiff presented sufficient evidence to overcome summary judgment on both claims.…

Read More False Imprisonment, Intentional Infliction of Emotional Distress Claims Continue Against Bank
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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In Rensselaer Cnty. Sheriff’s Dep’t v. New York State Div. of Human Rights, No. 520239, 2015 WL 4757612 (N.Y. App. Div. 3d Dept. Aug. 13, 2015), the court upheld the determination of the New York State Division of Human Rights that the petitioner engaged in unlawful gender discrimination. The court discussed some of the evidence presented…

Read More Court Upholds Sexual Harassment/Hostile Work Environment Finding in Corrections Employee’s Favor by State Division of Human Rights
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In Anderson v. Edmiston & Co., Inc. (App. Div. 1st Dept. Aug. 4, 2015), the court held that plaintiff sufficiently alleged claims of gender discrimination, hostile work environment, and retaliation under the NYC Human Rights Law, and affirmed Supreme Court’s denial of defendant’s motion to dismiss plaintiff’s complaint under CPLR 3211(a)(7). Plaintiff alleged, among other things, that her superior…

Read More Allegations of Vulgar Remarks About Women Sufficient to Plead Gender Discrimination and Hostile Work Environment
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In Nunez v. New York State Dep’t of Corr. & Cmty. Supervision, No. 14-CV-6647 JMF, 2015 WL 4605684 (S.D.N.Y. July 31, 2015), the court held that plaintiff – a parole officer – plausibly alleged sexual harassment under the New York City Human Rights Law, but not the New York State Human Rights Law. Plaintiff alleged that…

Read More Parole Officer Sufficiently Alleges Sexual Harassment Under NYC Human Rights Law
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In Roberts v. United Parcel Serv., Inc., No. 13-CV-6161, 2015 WL 4509994 (E.D.N.Y. July 27, 2015), the Eastern District of New York denied defendant United Parcel Service’s post-trial motions and upheld the jury’s $100,000 verdict for plaintiff on her sexual orientation discrimination/hostile work environment and retaliation claims under the NYC Human Rights Law. From Judge…

Read More Court Upholds Jury Verdict (Liability and $100k Damages) in Sexual Orientation Discrimination Case Against UPS
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In Lee v. Woori Bank, decided by the Appellate Division, First Department on July 28, 2015, the  court held that plaintiff’s sexual harassment and negligence claims were not barred by the “waiver” provision of New York’s whistleblower statute, Labor Law § 740. Labor Law § 740(7) provides, in part, that “the institution of an action in accordance…

Read More Sexual Harassment and Negligence Claims Not Waived by Waiver Provision of New York’s Whistleblower Statute
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