In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…
Read More Discrimination Lawsuit Against Toys “R” UsThe U.S. Equal Employment Opportunity Commission (EEOC) and Seapod Pawnbrokers have entered into a consent decree resolving a lawsuit, EEOC v. Seapod Pawnbrokers, Inc. et al., EDNY 14-cv-4567. (Here is the EEOC press release.) In its October 2014 amended complaint, the EEOC alleges that defendants violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to…
Read More $300K Consent Decree in EEOC’s Sexual Harassment Lawsuit Against Seapod PawnbrokersVarious statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…
Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee AwardIn Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…
Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. HoldsIn Dillon v. Ned Management, Inc. et al., 13-cv-2622 (EDNY 2/2/15), the Eastern District of New York denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment, aiding and abetting, and retaliation claims. The decision offers a good review of the current state of the law under Title VII of the Civil Rights…
Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Continue Against Ned ManagementA lawsuit filed in the Southern District of New York, captioned Lampley et al v. Alexander Rojas and the City of New York, SDNY 14-cv-8832 (Nov. 6, 2014), alleges that a NYPD lieutenant, Alexander Rojas, subjected plaintiffs, 3 NYPD officers, to “egregious sexual harassment”, including groping the intimate areas of plaintiffs’ bodies; displaying to plaintiffs…
Read More NYPD Sexual Harassment Lawsuit Includes Allegations of Groping, Masturbation, and Penis ExposureThis week, a jury reached a verdict in plaintiff Alexandra Marchuk’s sexual harassment/hostile work environment lawsuit against law firm Faruqi & Faruqi LLP, partner Juan Monteverde, and others. According to the Judgment in the case filed on 2/9/15, the jury awarded the following to plaintiff: $90,000 in compensatory damages as against defendants Juan Monteverde and…
Read More $140,000 Jury Verdict in Marchuk v. Faruqi & Faruqi Sexual Harassment CaseHere is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.
Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” MergermarketIn a Marchuk v. Faruqi & Faruqi (SDNY 1/28/15), a decision issued in the sexual harassment lawsuit brought by Alexandra Marchuk against Faruqi & Faruqi, Juan Monteverde, and others, Southern District of New York Judge Hellerstein addresses defendants’ motion, under Federal Rule of Civil Procedure 50, for Judgment as a Matter of Law (JMOL). Among other…
Read More Decision on Post-Trial Motion in Marchuk v. Faruqi & Faruqi Sexual Harassment CaseIn Carter v. Verizon, decided January 20, 2015, the Southern District of New York dismissed all of plaintiff’s gender and age discrimination claims, except for his gender discrimination / hostile work environment claim under the New York City Human Rights Law (NYCHRL). After dismissing plaintiff’s federal and state law claims, the court proceeded to assess plaintiff’s…
Read More Male Employee (Barely) Survives Dismissal of Hostile Work Environment Claim Under the New York City Human Rights Law