In a recently-filed complaint, captioned Simchi-Levi v. Kobra Int’l d/b/a Nicole Miller (NY Sup. Ct. NY Cty Index 152114/2017, filed Mafch 5, 2017), plaintiff asserts claims of pregnancy discrimination under the New York State and City Human Rights Laws, and a claim of failure to pay earned sick time under the New York City Earned…
Read More Pregnancy Discrimination Lawsuit Against Nicole MillerIn Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In…
Read More 2d Circuit: Reinstatement Offer Conditioned on Foregoing Pregnancy Discrimination Case Should Have Been Excluded; Defense Verdict OverturnedIn a recently-filed lawsuit, captioned Castellanos v. Berkman Capital LLC et al (filed in NY Sup. Ct., Index 159768-2016, 11/18/16), plaintiff asserts claims of gender discrimination, pregnancy discrimination, and sexual harassment against financial lending company Berkman Financial and others, including individual defendants Geoffrey Byruch and Michael Vulcano. Plaintiff alleges, among other things, that she was…
Read More Sexual Harassment, Gender/Pregnancy Discrimination Lawsuit Against Berkman CapitalIn Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…
Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives DismissalIn Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code…
Read More Second Circuit Addresses the Standard for Punitive Damages Under the NYC Human Rights LawEmployment discrimination law is (for the most part) statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…
Read More Which Employment Discrimination Laws Protect New York City Workers?In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…
Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for TerminationIn a recent New York State court complaint, captioned Prowell v. Advanced Fertility Services, P.C. et al (NY Sup. Ct. NY Cty. 155828/2016, filed July 14, 2016), plaintiff alleges that she was terminated in retaliation for her complaints about pregnancy discrimination, in violation of the New York State and City Human Rights Laws. She asserts claims…
Read More Pregnancy Discrimination Lawsuit Against Advanced Fertility ServicesThe NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…
Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement GuidanceThis week, in Legg v. Ulster Cty., No. 14-3636, 2016 WL 1637993 (2d Cir. Apr. 26, 2016), the Second Circuit reinstated a pregnancy discrimination claim brought by an Ulster County Corrections Officer. Plaintiff argued that the defendant County “unlawfully discriminated against her on the basis of her pregnancy when it denied her request for an accommodation under…
Read More Second Circuit Reinstates Pregnancy Discrimination Claim in Light of Young v. UPS