Retaliation

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A recent Second Department decision, Messana v. Long Is. R.R. Co., 2015 NY Slip Op 01787 (decided March 4, 2015) illustrates the breadth of the New York City Human Rights Law – namely, the relatively high standard that a defendant must meet to secure summary judgment dismissing a claim for disability discrimination and retaliation. In…

Read More Decision Illustrates Breadth of NYC Human Rights Law
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

Read More Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules
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Here is the lawsuit, captioned Bari Zahn v. Kaye Scholer LLP (NYS Sup. Ct. Index No. 152625/2015, March 17, 2015), filed by an attorney against her former employer. Plaintiff alleges, among other things, discrimination based on gender and perceived sexual orientation, as well as retaliation.

Read More Gender/Sexual Orientation Discrimination Lawsuit Against Law Firm Kaye Scholer
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In a lawsuit filed against Deutsche Bank, [B.E] v. Deutsche Bank (SDNY 15-cv-01398) (amended complaint), plaintiff alleges (inter alia) that he was subjected to retaliation after complaining about sexual harassment by a gay male co-worker. Below is the complaint:

Read More Sexual Harassment, Hostile Work Environment, and Retaliation Lawsuit Against Deutsche Bank
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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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