In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…
Read More Discrimination Lawsuit Against Toys “R” UsThe Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…
Read More Court: “Failure to Rehire” is an “Adverse Employment Action”A recent Eastern District of New York decision, Jones v. City of New York, No. 14-CV-0826 CBA RLM, 2015 WL 502227 (E.D.N.Y. Feb. 5, 2015), illustrates the well-established principle that an employer can fire an employee for any reason as long as the reason is non-discriminatory even if based on reasons that are unbecoming or small-minded,…
Read More Jealousy of Spruned Lover, Rather than Race or National Origin Discrimination, Was Reason for TerminationHere is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.
Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” MergermarketIn Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…
Read More Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary JudgmentHere and below is the lawsuit, captioned Meyers v. Revlon, Inc. et al., 14-CV-10213, recently filed by Alan Meyers against Revlon, Inc. and Revlon Consumer Products Corp. Plaintiff alleges that defendant’s CEO/President Lorenzo Delpani subjected him to discrimination based on his race/ethnicity/religion (Jewish) and national origin. From the complaint: [R]eflecting his Anti-American and Anti-Semitic biases, Delpani treated…
Read More Lawsuit Alleges Anti-Semitic, Anti-American Discrimination/Harassment by Revlon CEO Lorenzo DelpaniIn Lapaix v. City of New York (decided Aug. 12, 2014), the Southern District of New York held that plaintiff – a retired Marine Colonel – adequately pleaded various employment discrimination claims. Here’s plaintiff’s complaint. Initially the court held that plaintiff stated military status discrimination claims under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the New…
Read More Retired Marine States Military Status, Race, and National Origin Discrimination ClaimsThe U.S. Equal Employment Opportunity Commission filed a federal lawsuit on July 31, 2014 against Seapod Pawnbrokers, a Brooklyn and Queens-based business, alleging that its owner harassed workers because of their sex, race, and ethnicity, and then fired them for complaining. According to the agency’s press release, the harassment included referring to employees, most of whom were…
Read More EEOC Lawsuit Alleges Sexual Harassment, Hostile Work Environment, Race Discrimination, National Origin Discrimination, and Retaliation Against Seapod PawnbrokersIn Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…
Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”In Gookool v. Laser, 2014 NY Slip Op 50906(U) [43 Misc 3d 1232(A)], the New York Supreme Court, Suffolk County dismissed plaintiff’s national origin discrimination claims. Plaintiff asserted that the defendant engaged in unlawful employment discrimination by requiring him to perform certain work tasks in addition to his other job responsibilities. Even assuming this was true, he failed to…
Read More National Origin Discrimination Claims Dismissed in Light of Terms of Employment