In Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…
Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court HoldsThe recently-released “On the Basis of Sex” – which chronicles the early professional life of liberal icon Ruth Bader Ginsburg – is centered on Justice Ginsburg’s involvement with a litigation that set the stage for the legal battle for gender equality. That case – Charles E. Moritz v. Commissioner of Internal Revenue, 469 F.2d 466…
Read More Moritz v. IRS: The Tax Case at the Center of the Ruth Bader Ginsburg Origin StoryIn Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…
Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court NotesIn Wilson v. National Grid USA Service Company, Inc. et al, 2018 WL 5886438 (N.D.N.Y. Nov. 9, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here is the court’s summary of the relevant law: To state a hostile work environment claim in violation of Title VII, a plaintiff must plead facts that…
Read More Hostile Work Environment Claim Dismissed; Alleged Racial Comments Were Not Heard FirsthandIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen…
Read More Sexual Harassment and Other Claims Discontinued Against Predecessor EntityIn Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…
Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination CaseIn a recently-filed lawsuit against the WeWork Companies (copy below), the plaintiff alleges, inter alia, that plaintiff was twice sexually assaulted by male WeWork employees at company-wide events which, according to the complaint, “are as notorious as its free beer-all-day and mandatory happy hour policies.”
Read More Sexual Harassment Lawsuit Against WeWorkIn Menaker v. Hofstra University, 17-cv-5562, 2018 WL 4636818 (E.D.N.Y. Sept. 26, 2018), the court granted defendant’s motion, under Federal Rule of Civil Procedure 12(b)(6), to dismiss plaintiff’s gender discrimination complaint against Hofstra University. In sum, defendant fired plaintiff (defendant’s Director of Tennis and Head Coach of men’s and women’s varsity tennis teams) for “unprofessional conduct”…
Read More Court Dismisses Hofstra Tennis Director’s Gender Discrimination Complaint Dismissed; Misconduct Allegations, Not Gender, Were Reason for TerminationIn a recently-filed lawsuit, the U.S. Equal Employment Opportunity Commission asserts that a well-known restaurant, Christini’s, created, permitted, and encouraged a sex-based hostile work environment for a female bartender – including that the owner propositioned her for dates, subjected to sexual innuendo, and told to dress “sexy” and “date ready” – and then terminated her…
Read More EEOC Sues Christini’s Ristorante Italiano for Gender Discrimination