New York State Senator Liz Krueger has introduced legislation (Bill No. S05951) that will “[p]rovide certain civil rights protections for interns.” It was motivated by a recent court decision, Wang v. Phoenix, which held that unpaid interns are not protected by the New York City Human Rights Law. (It is interesting that state intern-protection legislation would…
Read More State Senator Introduces Intern-Protective LegislationIn Seubert v. Deluty, a Nassau County judge awarded, after an inquest following defendant’s default, damages to compensate plaintiff for sexual harassment she suffered while employed as a part-time dental assistant and receptionist for defendant dentist. It also set aside a transfer of property from defendant dentist to his wife as a fraudulent conveyance. Plaintiff alleged that defendant…
Read More Dental Assistant Awarded Damages in Sexual Harassment SuitBelow 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”