In a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.
Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con EdisonThe court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…
Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. SinaiIn Postell v. Rochester City Sch. Dist., No. 11-CV-6550L, 2015 WL 5882287 (W.D.N.Y. Oct. 8, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s race discrimination claim under 42 USC 1981. Plaintiff, an African American school counselor for John Marshall High School, alleged (among other things) that the defendant subjected her to race…
Read More African American School Counselor Survives Summary Judgment on Race Discrimination and Retaliation ClaimsIn Sosa v. Local Staff LLC (14-3704-cv), a Summary Order issued by the Second Circuit on Oct. 9, 2015, the court discussed what constitutes “protected activity” for purposes of asserting a retaliation claim under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law (NYCHRL). In this employment discrimination case,…
Read More Complaint About “You’re So Street” Comment Was Not “Protected Activity”; Retaliation Claim Properly DismissedIn McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…
Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation ClaimsIn a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…
Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCAIn Herling v. New York City Dep’t of Educ., No. 13-CV-5287 JG VVP, 2015 WL 5307752 (E.D.N.Y. Sept. 10, 2015), the court denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on his race (white) and religion (Jewish). In an April 23, 2014 Order (which I discussed here) the court denied defendants’ FRCP 12(b)(6)…
Read More White Jewish Teacher Overcomes Summary Judgment on Discrimination ClaimsIn a recent lawsuit captioned Ikezi v. Cipriani Club 55 LLC et al, 15-cv-06145 (SDNY filed 8/5/15), plaintiff Henry Ikezi accuses the Cipriani Club and others of discriminating against him on account of his race. Plaintiff alleges, among other things, that On or about April 2015, when Cipriani Club advised the Plaintiff that Cipriani Club…
Read More Public Accommodation Race Discrimination Lawsuit Against Cipriani ClubIn 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 ClaimHere is the federal court complaint, captioned Quitasol v. The New York Times et al, 15-cv-04873 (SDNY filed June 23, 2015), in which plaintiff asserts claims of race, age, and gender discrimination against the New York Times and her manager:
Read More Age/Race/Gender Employment Discrimination Lawsuit Against The New York Times