Seems like a straightforward question, right? It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting. However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…
Read More Who Is A “Supervisor”?In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict UpheldIn Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…
Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego LiabilityOn May 4th, the Second Circuit Court of Appeals reinstated plaintiff Fedie Redd’s sexual harassment / hostile work environment claim against the New York State Division of Parole based on her allegations that a female supervisor, Sarah Washington, inappropriately touched her breasts. The case is Redd v. New York State Division of Parole, 678 F.3d 166…
Read More Second Circuit Allows Sexual Harassment Claim, Based on Touching of Breasts, To ContinueIn a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…
Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination LawsuitBelow is the complaint filed on March 16th by Alina Borgovan against the Union League Club, containing her allegations that she was subjected to sexual harassment, discrimination based on her national origin (Romanian), and fired in retaliation for complaining of this conduct. [scribd id=85987218 key=key-1wfma9g175x3uaerhu68 mode=list]
Read More Discrimination Lawsuit Against Union League ClubIn Nelson v. HSBC Bank USA (Sept. 13, 2011), the Appellate Division, Second Department clarified the standard governing “hostile work environment” discrimination claims – here, based on the plaintiffs’ race – brought under the NYC Human Rights Law. Following a jury verdict for defendant, the appellate court ordered a new trial, finding that the jury…
Read More Court confirms breadth of hostile work environment claims under NYC Human Rights LawOn August 23, 2011, plaintiff Westley Artope sued ex-model Paige Bluhdorn (and Paul Bluhdorn), alleging that after he rejected Paige’s sexual advances, he was subjected to a hostile work environment and ultimately fired. He also alleged federal and state wage/hour violations. His federal court complaint: [scribd id=64113286 key=key-1eume2eq9ki2s0otlnac mode=list]
Read More Dog trainer sues ex-model for sex-based discrimination and wage/hour violations