Pleading

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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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In Anderson v. Edmiston & Co., Inc. (App. Div. 1st Dept. Aug. 4, 2015), the court held that plaintiff sufficiently alleged claims of gender discrimination, hostile work environment, and retaliation under the NYC Human Rights Law, and affirmed Supreme Court’s denial of defendant’s motion to dismiss plaintiff’s complaint under CPLR 3211(a)(7). Plaintiff alleged, among other things, that her superior…

Read More Allegations of Vulgar Remarks About Women Sufficient to Plead Gender Discrimination and Hostile Work Environment
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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 Law
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In Burgis v. New York City Dept. of Sanitation (2d Cir. July 31, 2015), a putative class action race discrimination case brought by members of the NYC Dept. of Sanitation, the Second Circuit affirmed the dismissal of plaintiffs’ claims under the Fourteenth Amendment’s Equal Protection Clause and 42 USC 1981 and Title VII of the…

Read More Class Action Race Discrimination Case Properly Dismissed; Intent, Statistics Insufficiently Alleged
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In 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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In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…

Read More Court Rejects Terminated Employee’s Claim to Bonus and Severance
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In Lico v. TD Bank, 2015 WL 3467159 (EDNY June 1, 2015), the Eastern District of New York held that the plaintiff successfully alleged a violation of Fair Labor Standards Act (FLSA) § 207(r). That statute, titled “Reasonable break time for nuring mothers”, provides, in pertinent part: (A) a reasonable break time for an employee to express…

Read More Court Holds FLSA’s Lactation Statute is Privately Enforceable and Explains Remedies for Violation
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The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as…

Read More Asserted Racial Epithets and Physical Threats Plausibly Allege Racially Hostile Work Environment
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In Rock v. Blaine, 2015 WL 3795886 (NDNY June 17, 2015), the court denied defendant State of New York’s motion to dismiss plaintiff’s retaliation claim against it. Plaintiff, a corrections officer, sued the State of New York and three individuals under Title VII of the Civil Rights Act of 1964, alleging retaliation for making a…

Read More Female Corrections Officer Sufficiently Alleges Retaliation Against the State of New York
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