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In 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”
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In Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim.  What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…

Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”
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The U.S. Supreme Court held today, in Genesis Healthcare Corp. v. Symczyk, that where the claim of the lone plaintiff in a Fair Labor Standards Act “collective action” (see 29 U. S. C. §216(b), which authorizes a plaintiff to bring a claim on behalf of himself “and other employees similarly situated”) is dismissed, the case fails to…

Read More SCOTUS: FLSA Collective Action Falls With Dismissal of Lead Plaintiff’s Claim
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Below is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…

Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly
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In a recent Summary Order, the Second Circuit vacated a summary judgment, holding that the reduction of the plaintiff’s salary may have amounted to a “constructive discharge” without cause which would entitle plaintiff to severance payments under his employment contract/offer letter.  The case is Scott v. Harris Interactive, Inc., 12-1414 (2d Cir. Feb. 20, 2013).…

Read More Salary Reduction May Support Claim for Constructive Discharge
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In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities.  …

Read More Cuttino Mobley’s Disability Discrimination Claims Survive
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In Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…

Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting Claims
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In a recent summary order, the Second Circuit in Barrows v. Seneca Foods Corp. vacated a summary judgment for defendant on plaintiff’s same-sex sexual harassment claim. Plaintiff alleged that Sanabria [one of plaintiff’s male supervisors] constantly made vulgar comments, such as “suck my dick,” “come here and give me a blowjob,” and “[f]aggot, get the…

Read More Male-on-male sexual harassment lawsuit survives summary judgment
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