In EEOC v. Vamco Sheet Metals Inc, the Southern District of New York held that plaintiff – a proposed intervenor in a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) – may state a claim for discrimination under Title VII where she was allegedly harassed for breastfeeding her baby. From the decision: Title VII…
Read More Discrimination Related to Breastfeeding May Violate Title VIIThere’s a joke sign that reads: Sexual harassment in this area will not be reported. However, it will be “graded.” Hilarious, right? For one sexual harassment plaintiff, the laughter stopped when the court dismissed her complaint, citing her use of a sticker with similar language. In Krupa v. Dunkirk Specialty Steel, LLC, a Magistrate Judge…
Read More Sexual Harassment “Joke” Gets an “F”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 ClaimsIn Browne v. Board of Education, the Appellate Division, Second Dept. affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s claim for gender discrimination under the New York State Human Rights Law, N.Y. Executive Law § 296. In a terse decision and order devoid of factual elaboration, the court held: In opposition to the defendants’…
Read More Second Dept. Case Explains One Way to Prove Pretext in Employment Discrimination CasesIn Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination ClaimHere 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 and below is the gender discrimination lawsuit filed on 9/23/14 by former contract partner Jodi Ritter against law firm Wilson Elser Moskowitz Edelman & Dicker LLP. Plaintiff alleges, for example, that she “was regularly exposed to differential treatment and a persistent hostile and abusive work environment because of her sex and the gender stereotypes perpetrated…
Read More Attorney’s Gender Discrimination Lawsuit Against Law Firm Wilson ElserIn EEOC v. Suffolk Laundry Services, 48 F.Supp.3d 497 (2014), the Eastern District of New York denied defendants’ motion for partial summary judgment on plaintiffs’ hostile work environment claims. (Here is the complaint and here is the EEOC press release about the lawsuit.) One point this decision makes is that “conduct directed at other employees is part of the…
Read More “Hostile Work Environment” Can Be Shown By Conduct Directed at Other EmployeesSantiago v. Dept. of Education illustrates that in an employment discrimination case, the plaintiff must plausibly allege an “adverse employment action.” The quintessential “adverse employment action” is, of course, termination. However, other actions short of termination may qualify. Plaintiff – an itinerant attendance teacher – alleged disparate treatment and a hostile work environment under the…
Read More Employment Discrimination Lawsuit Dismissed; No “Adverse Action”Cafe Lalo, the Upper West Side cafe featured in the Tom Hanks/Meg Ryan romantic comedy “You’ve Got Mail” has been sued for wage violations and sexual harassment. Here’s the complaint. The plaintiffs, several women, allege (among other things) that defendant Daniel Reyes, a “barista and defacto manager … treated the restaurant as his own personal dating…
Read More “You’ve Got Mail” Cafe Sued for Sexual Harassment and Wage Violations