Hostile Work Environment

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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In Szwalla v. Time Warner Cable, LLC, No. 3:13-CV-713 MAD/DEP, 2015 WL 5708538 (N.D.N.Y. Sept. 29, 2015), the court explained and applied the so-called “Faragher-Ellerth” affirmative defense to a hostile work environment claim. In this case, plaintiff (an account executive for the Time Warner defendants) alleged that defendants engaged in sexual harassment, subjected her to a…

Read More Court Applies “Faragher-Ellerth” Defense to Dismiss Plaintiff’s Sexual Harassment/Hostile Work Environment Title VII Claim
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In a recent lawsuit, captioned Anil v. Cipriani USA, Inc. (SDNY 15-cv-7430 filed 9/22/15), plaintiff alleges that while working at Cipriani she was subjected to sexual harassment and a hostile work environment, and retaliation after complaining about the treatment she endured. She alleges, for example, that her immediate supervisor asked plaintiff if she wanted to…

Read More Sexual Harassment Lawsuit Against Cipriani
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In Britt v. Thermald Realty I, LP, No. 13 CIV. 8289 KPF, 2015 WL 4922977 (S.D.N.Y. Aug. 18, 2015), the court dismissed the plaintiff’s claims of “quid pro quo” and “hostile work environment” sexual harassment, as well as his retaliation claim. In sum, plaintiff – a superintendent for East Village property owner Thermald Realty – alleged that…

Read More Court Dismisses Superintendent’s Sexual Harassment Claims
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An employee of the Metropolitan Repertory Ballet alleges in a recent lawsuit, Volpe v. Anthony Carmine Paniccioli et al (NY Sup. Ct., NY Cty., Index # 159739/2015, filed 9/21/15), that her boss, defendant Paniccioli, subjected her to sexual assault and sexual harassment and breached an agreement to pay her for her work on a movie…

Read More Sexual Harassment Lawsuit Against Metropolitan Repertory Ballet Board Member/Sponsor
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In Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…

Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights Law
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In a recently-filed lawsuit, Silva v. Georgio Armani Corp. et al (filed NY Sup. Ct., NY Cty., Index # 159449/2015) (complaint here), plaintiff Fabio Silva – formerly defendant’s General Counsel and VP for Legal Affairs – alleges that defendant discriminated against him based on his Mexican nationality and his colon cancer diagnosis and retaliated against…

Read More Lawsuit Against Georgio Armani Alleges Disability Discrimination, National Origin Discrimination, Retaliation, and Hostile Work Environment
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In Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…

Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary Judgment
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In a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts
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