In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…
Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary JudgmentIn a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…
Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court FindsIn a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…
Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed LocksThe phrase “go back to where you came from” – trending in light of the POTUS’ use of the sentiment against four Congresswomen of color – has a long history. The U.S. Equal Employment Opportunity Commission (EEOC) has cited the phrase as indicative of national origin discrimination. Specifically, in a brochure titled “Employment Rights of…
Read More “Go Back to Where You Came From”A recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…
Read More Uncivil? Maybe. “Hostile Work Environment”? No.In Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…
Read More Race, National Origin Discrimination Under the City Law Survive Summary JudgmentIn Delever v One Taste Inc., No. 161172/2018, 2019 WL 3457260 (N.Y. Sup Ct, New York County July 31, 2019), the court dismissed plaintiff’s various claims, including for sexual harassment, intentional infliction of emotional distress, fraud, and breach of contract. In sum, plaintiff claimed (inter alia) that defendant’s sales director promised her that she could…
Read More Sexual Harassment Claim Dismissed; Plaintiff Was Not an “Employee”In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter:…
Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & YoungIn Scarborough v. U.S. Security Associates, Inc., 2019 WL 3369456 (S.D.N.Y. July 26, 2019) – an age and race employment discrimination case – the court denied defendant’s FRCP 12(c) motion for dismissal on the pleadings. Here, plaintiff had filed a complaint in the New York State Division of Human Rights, which issued a “no probable…
Read More Employment Discrimination Case Continues in Federal Court; “Election of Remedies” and Issue Preclusion Arguments RejectedIn Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…
Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds