Hostile Work Environment

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In 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 Claims
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Although 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 Law
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The 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”
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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 Judgment
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In 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 Claims
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In 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 Claims
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Below 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
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Below is the complaint, captioned Samuel v. Monkey Bar, L.P. et al., 13-CV-4877, filed by plaintiff Prabir Jude Samuel against Monkey Bar and its owner Graydon Carter in the Southern District of New York. Plaintiff alleges that he was deprived of minimum wage and overtime compensation and that he was subjected to harassment based on his…

Read More Race Discrimination and Wage Suit Against Monkey Bar
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A recent Southern District decision, Brown v. City of New York, outlines conduct that could easily form a roadmap for a corporate sexual harassment training course (in the “what not to do” sense). There, New York City employee Sheila Brown sued the City of New York, alleging (under Title VII of the Civil Rights Act of 1964…

Read More Conduct of Aggressive, Masturbating Misogynistic Co-Worker Results in Denial of Summary Judgment for Defendant on Sexual Harassment Claims
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Below (and here) is the New York State Supreme Court (Manhattan) complaint filed on July 11, 2013 by Natalie Thorpe against Williams Lea, Inc. The relevant events occurred while plaintiff was placed by defendant at the Manhattan law firm Cadwalader Wickersham & Taft. The suit claims that Tyrone Turner, defendant’s manager, made offensive sexual advances and comments…

Read More Erotic Poetry Sexual Harassment Suit
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