Aiding and Abetting Discrimination

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In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
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In Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…

Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently Pled
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages…

Read More Same-Sex Sexual Harassment Lawsuit Against Haagen Dazs Franchisee
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In Griffin v. Sirva Inc., No. 15-1307, 2016 WL 4524466 (2d Cir. Aug. 30, 2016), the U.S. Court of Appeals for the Second Circuit identified so-far unanswered questions relating to liability under Section 296(15) of the New York State Human Rights Law, which prohibits the denial of employment on the basis of a criminal conviction.…

Read More 2nd Circuit Certifies Three Questions to the NY Court of Appeals Regarding Liability Under the NYS Human Rights Law’s Provision Prohibiting Denial of Employment on the Basis of a Criminal Conviction
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In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
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A recent decision, Campisi v. The City University of New York & Dean George Ranalli, No. 15 CIV. 4859 (KPF), 2016 WL 4203549 (S.D.N.Y. Aug. 9, 2016), addresses the interplay between Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688). Plaintiff, a…

Read More Student Worker Plausibly Alleges Title IX Hostile Work Environment Sexual Harassment Claim Against CUNY
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In Mykytyn v. Hannaford Bros. Co., No. 15-01427, 2016 WL 3638182 (N.Y. App. Div. 4th Dept. July 8, 2016), the court reinstated several of plaintiff’s claims, including his co-worker-based sexual harassment/hostile work environment claim. The facts, as summarized by the court: Plaintiff commenced this action seeking damages for, inter alia, employment discrimination pursuant to the…

Read More Court Explains and Applies the Standard For Co-Worker Harassment/Hostile Work Environment Claims Under the NYS Human Rights Law
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