Retaliation

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More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

Read More Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter
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Nazi dentists are terrifying. Drunk dentists may be a close second. New York’s whistleblower statutes – codified at Labor Law §§ 740 and 741 – are notoriously (and, from a plaintiffs’ lawyer’s perspective, frustratingly) narrow. It is, therefore, refreshing to see a plaintiff prevail, if “only” on a motion for summary judgment. This victory – arguably the…

Read More Plaintiff Fired After Complaining About Drunk Dentist Survives Summary Judgment on Labor Law § 741 Whistleblower Claim
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In Lashley v. New Life Bus. Inst., Inc., No. 13 CIV. 2683 BMC, 2015 WL 1014128 (E.D.N.Y. Mar. 9, 2015), the Eastern District of New York upheld a jury verdict in favor of Corey Lashley on his quid pro quo and hostile work environment sexual harassment claims. In this case, plaintiff Corey Lashley alleged, among other things,…

Read More Court Upholds Jury’s Verdict that Male Plaintiff Endured Quid Pro Quo Sexual Harassment by Female Boss
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In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

Read More Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims
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When many people think of sexual harassment, they likely think of a man sexually harassing their female subordinate. However, sexual harassment works both ways – i.e., the harasser, as well as the victim. That was the case in Hasper v. County of Suffolk, decided by the Eastern District of New York on Feb. 25, 2015. There,…

Read More Treating Male and Female Sexual Harassment Victims Differently Creates Factual Issue on Title VII Gender Discrimination Claim
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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The U.S. Equal Employment Opportunity Commission (EEOC) and Seapod Pawnbrokers have entered into a consent decree resolving a lawsuit, EEOC v. Seapod Pawnbrokers, Inc. et al., EDNY 14-cv-4567. (Here is the EEOC press release.) In its October 2014 amended complaint, the EEOC alleges that defendants violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to…

Read More $300K Consent Decree in EEOC’s Sexual Harassment Lawsuit Against Seapod Pawnbrokers
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In Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…

Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. Holds
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In Dillon v. Ned Management, Inc. et al., 13-cv-2622 (EDNY 2/2/15), the Eastern District of New York denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment, aiding and abetting, and retaliation claims. The decision offers a good review of the current state of the law under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Continue Against Ned Management
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A lawsuit filed in the Southern District of New York, captioned Lampley et al v. Alexander Rojas and the City of New York, SDNY 14-cv-8832 (Nov. 6, 2014), alleges that a NYPD lieutenant, Alexander Rojas, subjected plaintiffs, 3 NYPD officers, to “egregious sexual harassment”, including groping the intimate areas of plaintiffs’ bodies; displaying to plaintiffs…

Read More NYPD Sexual Harassment Lawsuit Includes Allegations of Groping, Masturbation, and Penis Exposure
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