Religion-Based Discrimination

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In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
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This week in Litzman v. City of New York, Southern District of New York Judge Harold Baer largely sided with plaintiff, Probationary New York City Police Officer Fishel Litzman, in his lawsuit alleging religious discrimination. Plaintiff follows the rules and traditions of the Chabad Lubavitch Jewish community, and his Orthodox Jewish faith prohibits him from…

Read More SDNY Holds That NYPD Failed to Reasonably Accommodate Jewish Officer’s Religious Beliefs
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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Below is the complaint filed by Ron Chalhon against Leg Avenue, Inc., Leg Avenue’s Creative Director Melody Tsai, and Leg Avenue’s Chief Marketing Officer Amy Tsai. In it he alleges discriminatory termination based on his Jewish religious beliefs and hostile work environment based on his religious beliefs and ethnicity, under Title VII of the Civil Rights Act…

Read More Discrimination Lawsuit Alleges Anti-Jewish Bias Against Leg Avenue and Owners
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In a recent case, Chenzira v. Cincinnati Children’s Hospital Med. Ctr., an Ohio federal court found that plaintiff stated a claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Defendant fired plaintiff because plaintiff refused to get a flu shot.  Plaintiff alleged that this “violated her religious and philosophical convictions…

Read More Broccoli Worship? Federal Court Finds That Veganism Can Be A “Religion” Under Title VII
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In a recent release, the U.S. Equal Employment Opportunity Commission highlights the increase in employment discrimination claims brought by members of the Muslim, Sikh, Arab, Middle Eastern and South Asian communities in the aftermath of the 9/11 terrorist attacks.  Especially in these difficult times, it is important to ensure that everyone is protected by the…

Read More EEOC Weighs in on Discrimination and Harassment of Muslim, Sikh, Arab, Middle Eastern and South Asian Employees
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On August 30, 2011, Mayor Bloomberg signed into law amendments to the New York City Human Rights Law (specifically, to sections 8-102(18) and 8-107(3)(b) of the New York City Administrative Code) which effectively make it more difficult for an employer to refuse to accommodate an employee’s religious beliefs on the ground that the requested accommodation…

Read More Amendments to NYC Human Rights Law Provide Enhanced Protections Against Religious Discrimination in Employment
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In EEOC v. Dresser Rand Co., 04-CV-6300 (W.D.N.Y. August 10, 2011), a New York federal court rejected the defendant’s argument that an employment discrimination plaintiff’s decision not to pursue additional training at a local community college resulted in a failure to mitigate his damages. Plaintiff, a Jehovah’s Witness, sued his employer alleging religious discrimination in violation…

Read More Mitigation under Title VII does not require re-education
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Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl
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In Kampfer v. Buchanan et. al., No. 1:10-CV-1234 (N.D.N.Y. Feb. 18, 2011), the court dismissed plaintiff’s claim – brought under 42 U.S.C. 1981 (“Section 1981”) – which was solely based on defendant’s alleged comment alluding to the parties’ “Mormon contract”.  Plaintiff alleged that this constituted racial discrimination that interfered with his ability to make and enforce a…

Read More Section 1981 Inapplicable to Discrimination Based on Religion
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