Below is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources. Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…
Read More Race Discrimination Lawsuit Against MercedesIn Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…
Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego LiabilityIn a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…
Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination LawsuitBelow is the complaint filed on March 16th by Alina Borgovan against the Union League Club, containing her allegations that she was subjected to sexual harassment, discrimination based on her national origin (Romanian), and fired in retaliation for complaining of this conduct. [scribd id=85987218 key=key-1wfma9g175x3uaerhu68 mode=list]
Read More Discrimination Lawsuit Against Union League ClubBelow is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…
Read More Aspiring Model’s Sexual Harassment LawsuitIn Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…
Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment RuleIn Hazen v. Hill Betts & Nash, 2012 WL 19388 (Jan. 5, 2012), the Appellate Division (First Dept.) applied the principle “that the New York State Human Rights Law does not immunize disabled employees from discipline or discharge for incidents of misconduct in the workplace”. Attorney Hazen charged hotel rooms, limousines, alcohol, adult movies and…
Read More Bipolar lawyer’s “disability” does not excuse misconductIn Nagle v. Marron et al. (decided Dec. 12, 2011), the Second Circuit vacated a district court’s grant of summary judgment against a schoolteacher (Nancy Nagle) who alleged, under 42 U.S.C. 1983, that she was denied tenure and terminated in retaliation for exercising her First Amendment rights – namely, reporting a fellow teacher for abusing students…
Read More Second Circuit Vacates Discmissal of Teacher’s First Amendment Retaliation ClaimOn August 23, 2011, plaintiff Westley Artope sued ex-model Paige Bluhdorn (and Paul Bluhdorn), alleging that after he rejected Paige’s sexual advances, he was subjected to a hostile work environment and ultimately fired. He also alleged federal and state wage/hour violations. His federal court complaint: [scribd id=64113286 key=key-1eume2eq9ki2s0otlnac mode=list]
Read More Dog trainer sues ex-model for sex-based discrimination and wage/hour violationsIn Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim. Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…
Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report