From Matter of Leka v. New York City Law Dept., 2018 NY Slip Op 02549 (App. Div. 1st Dept. April 12, 2018): A probationary employee may be terminated without a hearing, for any reason or no reason at all, as long as the dismissal is not unlawful or in bad faith (see Matter of Che Lin Tsao…
Read More Probationary Employee Properly Terminated, Court HoldsOn April 11, 2018, the NYC Council enacted several laws (collectively the “Stop Sexual Harassment in NYC Act”) strengthening New York City’s anti-sexual harassment policies and combating sexual harassment in the workplace. This legislation will be among the strictest anti-sexual harassment legislation in the country. Information about the various laws can be found here (you can…
Read More NYC Council Enacts Sexual Harassment Legislative PackageIn Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…
Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate ForumIn Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…
Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…
Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State LawIn Watkins v. First Student, Inc., 2018 WL 1135480 (S.D.N.Y. Feb. 28, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here, those claims faltered – as many do – because the alleged “hostility” was not due to plaintiff’s protected class(es). From the decision: Taking the allegations of the Complaint, the May…
Read More Hostile Work Environment Claims Against First Student, Inc. Fail Due to Lack of Connection Between Alleged Bullying Etc. and Protected Class(es)In Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the…
Read More Public Accommodation Sexual Harassment is Actionable Under the NYC Human Rights Law, Court HoldsIn Cameron v. NYC Dept. of Education (S.D.N.Y. 15-cv-9900 Feb. 21, 2018), the court granted in part and denied in part defendants’ motion for summary judgment as to plaintiff’s pregnancy discrimination claims.
Read More Substitute Teacher’s Pregnancy Discrimination Claims Survive Summary Judgment (in Part)In Zarda v. Altitude Express, Inc. (2d Cir. 15-3775 Feb. 26, 2018) (en banc), decided today by an en banc (i.e., full) Second Circuit panel, held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” extends to sexual orientation. The court’s 69-page majority opinion aligns Second Circuit law with positions…
Read More 2d Circuit Holds, En Banc, That Title VII Prohibits Discrimination Based on Sexual OrientationIn a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President…
Read More Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen