In a lawsuit filed in New York Supreme Court on April 12, 2016, Malik v. City of New York et al, Index No. 153118/2016, plaintiffs allege that Richard Emery, the Chair of the Civilian Complaint Review Board (CCRB), referred to CCRB Executive Director Mina Malik and another female CCRB employee as “pussies” (which the complaint characterizes…
Read More Misogny and Retaliation Alleged at Civilian Complaint Review BoardThe Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…
Read More Nepotism Insufficient to Establish Race/National Origin DiscriminationIn McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…
Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation CaseIn Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…
Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights LawIn Ahmed v. Astoria Bank, No. 14-CV-4595, 2016 WL 1254638 (E.D.N.Y. Mar. 31, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (race, religion, national origin) and retaliation. This decision is instructive on what is required to survive summary judgment on a Title VII hostile work…
Read More Alleged “Terrorist” (Etc.) Comments Were Insufficient to Survive Summary Judgment on Hostile Work Environment Claim; Retaliation Claim Dismissed For Failure to Exhaust Administrative (EEOC) RemediesIn Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…
Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, ContinuesIn Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…
Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment ClaimIn a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…
Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia UniversityIn Russo v. New York State Div. of Human Rights, No. 15-01243, 2016 WL 1066422 (N.Y. App. Div. 4th Dept. Mar. 18, 2016), the court affirmed the State Division of Human Rights’ dismissal of the petitioner’s employment discrimination and retaliation claims. The New York State Division of Human Rights is a statewide administrative agency that…
Read More Discrimination and Retaliation Claims Properly Dismissed by the New York State Division of Human RightsIn Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…
Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation