Pleading

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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Cruz v. NYS Dept. of Corrections, the Southern District of New York held (in a decision dated June 4, 2014) that the male plaintiff stated claims for hostile work environment and “quid pro quo” sexual harassment arising from unfair treatment by his female supervisor. The facts, as summarized by the court: Until August 8, 2012,…

Read More Male Corrections Employee States Sexual Harassment Claims Arising From Alleged Mistreatment by Female Boss
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In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…

Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
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In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…

Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
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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 Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
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Payano v. CompassRock Real Estate LLC, decided by the Southern District of New York on May 12, 2014, discusses the application of the anti-retaliation provisions of the Fair Labor Standards Act and the New York Labor Law. Plaintiff, a live-in apartment maintenance worker, alleged that he was only paid for 40 hours, even though he…

Read More Maintenance Worker Successfully Pleads Retaliation Claim Arising From Termination Following Wage Complaints
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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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