Sex / Gender Discrimination

Here is the recently-filed complaint against NYG Capital and its CEO Benjamin Wey. Plaintiff Hanna Bouveng alleges, among other things, that she “was repeatedly and consistently subjected to unsolicited sexual propositions and sexual commands, as well as sexual gropings, molestations, assault and battery, as well as stalking.”

Read More Sexual Harassment Lawsuit by Hanna Bouveng Against NYG Capital and Benjamin Wey
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In Echevarria v. Insight Medical, P.C. et al, SDNY Case No. 13-cv-03710, a federal jury recently awarded a plaintiff $50,000 in compensatory damages ($0 in punitive damages) in her sexual harassment and retaliation lawsuit against a Bronx medical practice and its principals. Plaintiff alleged that one individual defendant sexually harassed her – by, for example, sending her unwanted text messages…

Read More Jury Awards $50,000 to Plaintiff on Retaliation Claims in Sexual Harassment Lawsuit
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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In Codrington v. Carco Group (decided June 27, 2014), the Eastern District of New York held that plaintiff stated a plausible pregnancy discrimination claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff claims that defendant replaced her with a younger non-mother six weeks after she gave birth and while she was on…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Where She Was Replaced by Non-Pregnant Employee
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In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
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Below is the federal court complaint recently filed against PFIP LLC (doing business as Planet Fitness) and others. (News coverage here.) The suit alleges that about one month after the start of plaintiff’s employment, her (unnamed) manager “began making continual inappropriate sexual comments and innuendos towards and around Plaintiff.” She alleges, for example, he told her that…

Read More Sexual Harassment Suit Against Planet Fitness
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In Chinnery v. NYS Office of Children and Family Svcs, decided April 25, 2014, Southern District of New York Magistrate Judge Maas recommended that defendant OCFS be granted summary judgment on plaintiff’s disparate treatment, retaliation, and hostile work environment claims under Title VII of the Civil Rights Act of 1964. While the court’s discussion of…

Read More Court Reiterates That “Mere Workplace Bullying” Unrelated to the Plaintiff’s Membership in a Protected Class Does Not Constitute a Hostile Work Environment
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The New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…

Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint
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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP (decided June 3, 2014), the Appellate Division, First Department held that the plaintiff’s claims of retaliatory termination under the New York State and City Human Rights Laws were not collaterally estopped by a prior federal court decision dismissing her claims under the Family and…

Read More Dismissal of FMLA Claims Does Not Preclude Assertion of State/City Human Rights Law Retaliation Claims, First Department Holds
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