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 LawIn 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 UPSIn 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 StatuteIn Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…
Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim
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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…
Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip ClubIn Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…
Read More Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary…
Read More Court Dismisses Hostile Work Environment Claim Based on “Severe” (but “Isolated”) RemarksIn a sexual harassment lawsuit captioned Smalls v. Central Park Boathouse, LLC et al., 15-cv-4973 and filed in the Southern District of New York on June 25, 2015, plaintiff Akira Smalls alleges, among other things, that a manager asked her “Do you like anal?” and, after asking her where the ATM was located, told her that ATM…
Read More Sexual Harassment Lawsuit Against Central Park BoathouseIn Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…
Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment CaseIn La Marca-Pagano v. Dr. Steven Phillips, P.C., the court denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim under the New York State Human Rights Law. Here’s the law: In order to make out a cause of action for retaliation, [a] plaintiff must show that (1) she has engaged in protected activity, (2)…
Read More Retaliation Claim Survives Summary Judgment