In Satina v. NYC Human Resources Admin., the Southern District of New York held that plaintiff adequately stated claims for discrimination (unequal pay due to her gender) and retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff…
Read More Court Provides Roadmap For Pleading “Unequal Gender Pay” Discrimination ClaimsIt is arguably the epitome of unfairness: being denied a job because you have no job. To remedy this unfairness, the New York City Human Rights Law was recently amended to add a new provision, NYC Admin. Code 8-107(21), that prohibits discrimination in hiring against the unemployed. The new law provides, in part, that unless…
Read More Lawsuit Alleges Discrimination Based on Unemployment Status Against Solomon-Page GroupIn Santiesteban v. Nestle Waters North America, Inc. (decided Oct. 15, 2014), the Eastern District of New York denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (based on religion). As to plaintiff’s discrimination claim, the court held: [T]he comments that “you people are manipulative,” that “Plaintiff manipulated … Cappetta…
Read More Evidence of Derogatory Comments About Jews Leads to Denial of Summary Judgment in Employment Discrimination CaseA recent Eastern District decision, Delisi v. National Ass’n of Professional Women, illustrates the circumstances under which an individual defendant – here, defendant’s general counsel – may be liable under the “aiding and abetting” and retaliation provisions of the New York State Human Rights Law (NYSHRL). Generally, plaintiff asserted that she was subjected to sexual harassment, and…
Read More Company’s Alleged Failure to Investigate Discrimination Complaint Supported “Aiding and Abetting” and Retaliation ClaimsHere is the recent employment discrimination lawsuit filed against HSBC, captioned Michael Preston v. HSBC Securities (USA) Inc., 14-cv-8402. Plaintiff alleges, among other things, that he was sexually harassed by a gay co-worker – which involved explicit requests for sexual favors, physically touching and fondling plaintiff, and sexual remarks about plaintiff’s penis – and then fired a…
Read More Sexual Harassment/Hostile Work Environment Lawsuit Against HSBCIn Cadet-Legros v. New York University Hospital Center, 2014 WL 11087457 (Sup. Ct. NY Cty . Oct. 9, 2014), the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper…
Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination ClaimIn Cole v. Sears, Roebuck & Co., decided Sept. 30, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s discrimination (hostile work environment) and retaliation claims. As to plaintiff’s discrimination claim, the court held: Viewed in the light most favorable to plaintiff, the evidence shows that, from…
Read More Evidence of Anti-Gay Hate Speech Suffices to Overcome Summary Judgment on Sexual Orientation Discrimination and Hostile Work Environment ClaimsHere is the complaint recently filed by NYPD Scuba Unit member Oscar Smith against the City of New York, captioned Smith v. City of New York et al., 14-cv-07945. Plaintiff alleges, among other things, discrimination based on his race, gender (due to gender stereotypes), perceived sexual orientation, and retaliation.
Read More Discrimination Lawsuit by NYPD Scuba Unit MemberHere is the recently-filed complaint, captioned Pako Mikel and Denise Klerx v. Guerlain, Inc. (N.Y. Sup. Ct., N.Y. Cty., Sept. 25, 2014), Index No. 159425-2014, alleging sexual harassment, hostile work environment, and retaliation against French cosmetic company Guerlain Inc. Plaintiffs allege that they were sexually harassed by another employee, and that defendant didn’t do anything to…
Read More Sexual Harassment Lawsuit Against GuerlainIn Vosburgh v. American Nat. Red Cross, 2014 WL 4826688 (N.D.N.Y. Sept. 29, 2014), the court denied defendant’s summary judgment motion regarding plaintiff’s retaliation claim (but granted it regarding plaintiff’s wage and individual liability claims). As to her retaliation claim, the court held: [T]o prevail at the pretext stage of the McDonnell–Douglas analysis, a plaintiff must show…
Read More Hostility to Employee’s Alleged “Disloyal” Conduct Supports Retaliation Claim