In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…
Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights LawA recent district court decision, Patrick v. Garlick, No. 13-CV-6365L, 2014 WL 6883634 (W.D.N.Y. Dec. 4, 2014), explains the differences between federal and state anti-discrimination law regarding individual liability of the alleged harasser. There, plaintiffs, employees of Seneca Lake State Park, sued Steve Garlick (the park’s branch manager and the plaintiffs’ supervisor), alleging that Garlick subjected them…
Read More Court Explains Individual Liability Under State Human Rights LawIn Rivera v. Balter Sales Co. (decided 12/1/14), the Southern District of New York held that plaintiff sufficiently alleged claims for aiding and abetting discriminatory conduct (under the New York State Human Rights Law) and false arrest. What is interesting about this case is that plaintiff sued not only her former employer, but also the…
Read More Fired Plaintiff Sufficiently Alleges “Aiding and Abetting” Claim Arising From Retaliatory ArrestA recent Eastern District decision, Delisi v. National Ass’n of Professional Women, illustrates the circumstances under which an individual defendant – here, defendant’s general counsel – may be liable under the “aiding and abetting” and retaliation provisions of the New York State Human Rights Law (NYSHRL). Generally, plaintiff asserted that she was subjected to sexual harassment, and…
Read More Company’s Alleged Failure to Investigate Discrimination Complaint Supported “Aiding and Abetting” and Retaliation ClaimsThe Eastern District’s recent decision in Tate v. Rocketball Ltd (decided 9/18/14) provides some insight into how courts assess discrimination claims arising outside the “typical” employer-employee relationship/setting. Plaintiff, a gay male, worked for a restaurant. Part of his job duties included bringing food and drinks to the Houston Rockets’ locker room while they were at Barclays Center…
Read More Waiter’s Sexual Orientation Discrimination/Hostile Work Environment Claims Dismissed Against Non-Employer Houston Rockets’ OwnerHere is the sexual harassment lawsuit, captioned Maysa Abdel-Razeq v. Alvarez & Marsal, Inc. et al., 14-CV-5601, recently filed in the Southern District of New York against defendants Alvarez & Marsal, Inc., Paul Aversano, Anthony Caporrino, and Joel Poretsky. Plaintiff alleges that she was subjected to hostile work environment sexual harassment and race discrimination, and then…
Read More Lawsuit Alleges Hostile Work Environment Sexual Harassment, Race Discrimination, and Retaliation Against Alvarez & Marsal and OthersIn Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…
Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary JudgmentEmployment discrimination cases – particularly those involving allegations of harassment or a hostile work environment – are often not suitable for resolution as a matter of law (or “summary judgment”), since they frequently turn on factual disputes more appropriately resolved by a jury rather than a judge. Some cases, however, are suitable for disposition as a…
Read More Court Grants Restaurant Co-Workers Summary Judgment on Sexual Harassment (Hostile Work Environment) ClaimsIn Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusIn Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…
Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education