Below and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…
Read More Brooks Brothers Sexual Harassment LawsuitA recent federal court decision illustrates the rights that tenants, particularly those in New York City, have against discrimination outside the employment context. In Ponce v. 480 East 21st Street LLC, the court held that plaintiff stated a sex discrimination claim under the New York City Human Rights Law, and retaliation claims under that statute…
Read More Tenant States Claims Under the Fair Housing Act and New York City Human Rights Law Following Sexual Harassment By SuperintendentIn light of the recent Southern District decision that unpaid interns are not protected against sexual harassment under the New York City Human Rights Law, it appears that new legislation may be forthcoming. Specifically, according to a recent article, the New York City Council member Gale Brewer announced that she would propose legislation to extend…
Read More New Legislation to Protect Unpaid Interns?In a Summary Order issued today in Mendez-Nouel v. Gucci America, Inc., the Second Circuit affirmed summary judgment for defendant Gucci on plaintiff’s same-sex hostile work environment/sexual harassment and retaliation claims. Harassment/Hostile Work Environment Initially, the Court explained the legal standard for sexual harassment claims: [F]or sexual harassment to be actionable, it must be sufficiently severe…
Read More Second Circuit Affirms Dismissal of Same-Sex Hostile Work Environment/Harassment and Retaliation ClaimsAlthough unpaid interns recently obtained a court victory on the wage and hour front (i.e., a ruling that they are “employees” under federal and state wage/hour laws), Southern District Judge P. Kevin Castel recently issued them a defeat on the discrimination/harassment front. In Wang v. Phoenix Satellite Television US Inc., the court dismissed an intern’s…
Read More Court Holds That Unpaid Interns Are Not Protected From Sexual Harassment Under the New York City Human Rights LawHere and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver. It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…
Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment CaseA recent Southern District decision, Brown v. City of New York, outlines conduct that could easily form a roadmap for a corporate sexual harassment training course (in the “what not to do” sense). There, New York City employee Sheila Brown sued the City of New York, alleging (under Title VII of the Civil Rights Act of 1964…
Read More Conduct of Aggressive, Masturbating Misogynistic Co-Worker Results in Denial of Summary Judgment for Defendant on Sexual Harassment ClaimsIn the recent case of Matter of John W. Danforth Group, Inc., the Western District of New York considered, and rejected, a company’s petition under Federal Rule of Civil Procedure 27 to perpetuate evidence in anticipation of an as-yet unfiled employment discrimination action against it. Under limited circumstances, a potential party to litigation can obtain discovery…
Read More Employer, Anticipating Sexual Harassment Suit, Denied Pre-Lawsuit Discovery From Prospective Plaintiff’s “Facebook Friend”Below (and here) is the New York State Supreme Court (Manhattan) complaint filed on July 11, 2013 by Natalie Thorpe against Williams Lea, Inc. The relevant events occurred while plaintiff was placed by defendant at the Manhattan law firm Cadwalader Wickersham & Taft. The suit claims that Tyrone Turner, defendant’s manager, made offensive sexual advances and comments…
Read More Erotic Poetry Sexual Harassment SuitBelow is the complaint recently filed by an employee of Capital One Bank for sexual harassment under the New York State and City Human Rights Laws. Plaintiff claims that she was subjected to a sexually hostile work environment, that the company failed to take steps to stop it, and that she was fired for complaining about…
Read More Bankers (Allegedly) Behaving Badly