New York State Senator Liz Krueger has introduced legislation (Bill No. S05951) that will “[p]rovide certain civil rights protections for interns.” It was motivated by a recent court decision, Wang v. Phoenix, which held that unpaid interns are not protected by the New York City Human Rights Law. (It is interesting that state intern-protection legislation would…
Read More State Senator Introduces Intern-Protective LegislationBelow and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…
Read More Brooks Brothers Sexual Harassment LawsuitIn Wingfield v. Rochester School for the Deaf, the Western District of New York recently clarified that not all employment decisions that affect employees at work are “employment actions” sufficient to support a claim of employment discrimination. In Wingfield, plaintiff and her ex-husband worked at defendant. Following an altercation, family court issued a temporary order of…
Read More All Actions Affecting Workers Are Not Necessarily “Employment Actions” For Purposes of the Discrimination LawsIn a Summary Order issued today in Mendez-Nouel v. Gucci America, Inc., the Second Circuit affirmed summary judgment for defendant Gucci on plaintiff’s same-sex hostile work environment/sexual harassment and retaliation claims. Harassment/Hostile Work Environment Initially, the Court explained the legal standard for sexual harassment claims: [F]or sexual harassment to be actionable, it must be sufficiently severe…
Read More Second Circuit Affirms Dismissal of Same-Sex Hostile Work Environment/Harassment and Retaliation ClaimsAlthough unpaid interns recently obtained a court victory on the wage and hour front (i.e., a ruling that they are “employees” under federal and state wage/hour laws), Southern District Judge P. Kevin Castel recently issued them a defeat on the discrimination/harassment front. In Wang v. Phoenix Satellite Television US Inc., the court dismissed an intern’s…
Read More Court Holds That Unpaid Interns Are Not Protected From Sexual Harassment Under the New York City Human Rights LawThe Northern District of New York recently held, in Hexemer v. General Electric, that plaintiff adequately pleaded retaliation for complaining about a co-worker’s discriminatory comments. Plaintiff, who was born in Iran and is of Persian descent, alleged that after she made a comment to two co-workers about how sitting at their desks led to weight…
Read More Iranian Plaintiff Sufficiently Alleged Retaliation After Firing For Complaining About Being Called “Uncivilized”In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…
Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary JudgmentIn a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims. This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…
Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment ClaimsIn Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…
Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation ClaimsBelow is the complaint filed by Ron Chalhon against Leg Avenue, Inc., Leg Avenue’s Creative Director Melody Tsai, and Leg Avenue’s Chief Marketing Officer Amy Tsai. In it he alleges discriminatory termination based on his Jewish religious beliefs and hostile work environment based on his religious beliefs and ethnicity, under Title VII of the Civil Rights Act…
Read More Discrimination Lawsuit Alleges Anti-Jewish Bias Against Leg Avenue and Owners