If you feel you are being singled out, bullied, or harassed at work because of one or more protected characteristics – such as your sex, age, race, sexual orientation, or disability – you may feel powerless and confused about what to do and how to proceed. If so, you should keep the following information in…
Read More What Should I Do If I Think I’m Being Harassed at Work?In Malik v. American International Group, Inc., the Supreme Court, Queens County denied defendants’ summary judgment motions regarding a number of plaintiff’s claims, including sexual harassment (quid pro quo and hostile work environment), race discrimination, and disability discrimination under the New York State Human Rights Law. Time Bar and Continuing Violation Doctrine Defendants argued that plaintiff’s claims…
Read More Issues of Fact Preclude Summary Judgment for Defendant on Sex, Race, and Disability Discrimination ClaimsThe New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…
Read More Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual HarassmentLast week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…
Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of RetaliationEveryone knows that drivers who text and talk on their cell phones do so at their peril. Consequences range from tickets and driver license “points” to death. But a recent decision by a Brooklyn trial court in Miller v. Lewis, 40 Misc.3d 490, highlights the dangers of cell phone use by pedestrians. (More information on this issue can be…
Read More Struck Pedestrian’s Cell Phone Records AdmissibleA recent decision, Delucia v. Abbondandolo, Index No. 005793-10 (N.Y. Sup. Ct. Nassau Cty. March 11, 2013), held that, in the circumstances of that case, it was unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits. The…
Read More Retaliation Claim Based On Unemployment Filing SurvivesLast week law firm Quinn Emanuel Urquhart & Sullivan LLP moved to dismiss, under Federal Rule of Civil Procedure 12(b)(6), the lawsuit filed by contract attorney William Henig “and others similarly situated.” We previously wrote about the suit – in which plaintiffs sued, alleging various violations of federal and New York State wage and hour laws…
Read More Law Firm Moves To Dismiss Contract Attorney Overtime SuitMihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation. The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…
Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To TrialYesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar. The transcript is below. I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here. The issue is whether a plaintiff seeking to prove retaliation under Title…
Read More SCOTUS Hears Oral Argument On Title VII Retaliation IssueIn a recent case, Shavuo v. Shinseki, the Southern District of New York highlighted the often-misunderstood difference between a work environment that may seem “hostile” and a “hostile work environment” (as that term is used in employment discrimination law). The court stated: With respect to Shavuo’s repeated references to a “hostile work environment,” we again…
Read More When A Work Environment That Seems Hostile Isn’t A “Hostile Work Environment”