Hostile Work Environment

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Employment discrimination cases – particularly those involving allegations of harassment or a hostile work environment – are often not suitable for resolution as a matter of law (or “summary judgment”), since they frequently turn on factual disputes more appropriately resolved by a jury rather than a judge. Some cases, however, are suitable for disposition as a…

Read More Court Grants Restaurant Co-Workers Summary Judgment on Sexual Harassment (Hostile Work Environment) Claims
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In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

Read More Sexual Harassment Lawsuit Continues Against Sheldon Silver
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In Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP (decided June 3, 2014), the Appellate Division, First Department held that the plaintiff’s claims of retaliatory termination under the New York State and City Human Rights Laws were not collaterally estopped by a prior federal court decision dismissing her claims under the Family and…

Read More Dismissal of FMLA Claims Does Not Preclude Assertion of State/City Human Rights Law Retaliation Claims, First Department Holds
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In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
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In Smith v. Town of Hempstead (decided May 15, 2014), the Eastern District of New York held that plaintiff stated claims for sexual harassment/hostile work environment under Title VII, and a claim for municipal liability under 42 USC 1983. Plaintiff worked as a Community Research Assistant in the Town’s Clerk’s Office and claimed that she was subjected…

Read More Town Clerk States Claims For Hostile Work Environment Sexual Harassment and Municipal Liability Under Section 1983
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The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…

Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
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Below is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…

Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU
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Kosarin-Ritter v. Mrs. John L. Strong, LLC, decided by the First Department on May 22, 2014, illustrates the often difficult burden encountered by a discrimination plaintiff. In affirming the trial court’s grant of summary judgment for defendants, the court stated: Defendants established that there is no evidentiary route that could allow a jury to believe…

Read More Alleged Ageist Remarks Insufficient to Support Discrimination Claim
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Snow-covered stairs at 8 Street subway entrance Snow-covered stairs at 8 Street subway entrance

In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…

Read More Court Provides Guidance on Pleading Employment Discrimination Claims
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