Court: EDNY

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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Rodriguez v. New York City Health & Hospitals Corp., No. 14 CIV. 4960 BMC, 2015 WL 5229850 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York granted defendant summary judgment on plaintiff’s sexual orientation discrimination and quid pro quo sexual harassment claims. In sum, plaintiff alleged that “he was denied employment by defendants…

Read More Hiring of Better-Qualified Candidate, Notwithstanding “Unprofessional and Coarse” Text Messages, Defeats Sexual Orientation Discrimination (Failure-to-Hire) Claim
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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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Many employers use handbooks or manuals that provide details and instructions to employees regarding the terms and conditions of employment. Under certain limited circumstances, an employment manual/handbook may the source of contractual rights. A recent decision, Kunda v. Caremark PhC, L.L.C., No. 14-CV-6125 JFB AYS, 2015 WL 4768817 (E.D.N.Y. Aug. 13, 2015), addresses the issue. In that case, the…

Read More CVS’ Employment Handbook Was Not a Contract, Court Holds
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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In Roberts v. United Parcel Serv., Inc., No. 13-CV-6161, 2015 WL 4509994 (E.D.N.Y. July 27, 2015), the Eastern District of New York denied defendant United Parcel Service’s post-trial motions and upheld the jury’s $100,000 verdict for plaintiff on her sexual orientation discrimination/hostile work environment and retaliation claims under the NYC Human Rights Law. From Judge…

Read More Court Upholds Jury Verdict (Liability and $100k Damages) in Sexual Orientation Discrimination Case Against UPS
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In Aiola v. Malverne Union Free Sch. Dist., No. 15-CV-064 ADS GRB, 2015 WL 4276187 (E.D.N.Y. July 13, 2015), the court (among other rulings) dismissed plaintiff’s national origin (Italian) discrimination and hostile work environment claims on the pleadings. The court explained: [Plaintiff’s] Amended Complaint contains only one allegation relating to the Plaintiff’s national origin, namely,…

Read More “Costa Concordia Captain” Reference Insufficient to Support National Origin (Italian) Discrimination Claim
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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club
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In Roberts v. UPS, 13-cv-6161 (Eastern District of New York), a jury recently awarded a discrimination plaintiff $50,000 in compensatory damages and $50,000 in punitive damages under the New York City Human Rights Law ($25k compensatory for discrimination, $25k punitive for discrimination, $25k compensatory for retaliation, $25k punitive for retaliation). Federal subject matter jurisdiction was…

Read More $100,000 Jury Verdict for Victim of Sexual Orientation Discrimination and Harassment
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In Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…

Read More Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”
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