Hostile Work Environment

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A recent Eastern District of New York decision, Jones v. City of New York, No. 14-CV-0826 CBA RLM, 2015 WL 502227 (E.D.N.Y. Feb. 5, 2015), illustrates the well-established principle that an employer can fire an employee for any reason as long as the reason is non-discriminatory even if based on reasons that are unbecoming or small-minded,…

Read More Jealousy of Spruned Lover, Rather than Race or National Origin Discrimination, Was Reason for Termination
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This week, a jury reached a verdict in plaintiff Alexandra Marchuk’s sexual harassment/hostile work environment lawsuit against law firm Faruqi & Faruqi LLP, partner Juan Monteverde, and others. According to the Judgment in the case filed on 2/9/15, the jury awarded the following to plaintiff: $90,000 in compensatory damages as against defendants Juan Monteverde and…

Read More $140,000 Jury Verdict in Marchuk v. Faruqi & Faruqi Sexual Harassment Case
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In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law
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In a Marchuk v. Faruqi & Faruqi (SDNY 1/28/15), a decision issued in the sexual harassment lawsuit brought by Alexandra Marchuk against Faruqi & Faruqi, Juan Monteverde, and others, Southern District of New York Judge Hellerstein addresses defendants’ motion, under Federal Rule of Civil Procedure 50, for Judgment as a Matter of Law (JMOL). Among other…

Read More Decision on Post-Trial Motion in Marchuk v. Faruqi & Faruqi Sexual Harassment Case
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In Carter v. Verizon, decided January 20, 2015, the Southern District of New York dismissed all of plaintiff’s gender and age discrimination claims, except for his gender discrimination / hostile work environment claim under the New York City Human Rights Law (NYCHRL). After dismissing plaintiff’s federal and state law claims, the court proceeded to assess plaintiff’s…

Read More Male Employee (Barely) Survives Dismissal of Hostile Work Environment Claim Under the New York City Human Rights Law
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In Burhans and Rivera v. The State of New York (Sup. NY Index 152906/14), New York Supreme Court Judge Wooten held that plaintiff sufficiently alleged sexual harassment/hostile work environment (but not sex discrimination) claims against the defendant State. Plaintiffs allege in their complaint that, under the New York State Human Rights Law, the State of New…

Read More Burhans/Rivera Sexual Harassment/Hostile Work Environment Claims Continue Against New York State
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In Dziedzic v. State University of New York at Oswego (decided Dec. 19, 2014), the Northern District of New York reiterated that, in order to establish a hostile work environment under Title VII of the Civil Rights Act of 1964, a plaintiff must establish two elements: [1] the workplace is permeated with discriminatory intimidation, ridicule,…

Read More Court Reiterates That Actionable Hostile Work Environment Must Be Related to Protected Class/Status
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In Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…

Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary Judgment
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Here and below is the lawsuit, captioned Meyers v. Revlon, Inc. et al., 14-CV-10213, recently filed by Alan Meyers against Revlon, Inc. and Revlon Consumer Products Corp. Plaintiff alleges that defendant’s CEO/President Lorenzo Delpani subjected him to discrimination based on his race/ethnicity/religion (Jewish) and national origin. From the complaint: [R]eflecting his Anti-American and Anti-Semitic biases, Delpani treated…

Read More Lawsuit Alleges Anti-Semitic, Anti-American Discrimination/Harassment by Revlon CEO Lorenzo Delpani
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One of the ways to establish “pretext” in the employment discrimination/retaliation analysis is to point to “inconsistent employer explanations” for the employee’s termination. That is what happened in Encarnacion v. Isabella Geriatric Center, decided by the Southern District of New York on December 12, 2014. There, plaintiff, a nurse, alleged (among other things) that she…

Read More Court Denies Defendants’ Motion for Summary Judgment on Plaintiff’s Retaliation Claims, Citing Inconsistent and Contradictory Explanations for Termination
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