Court: EDNY

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In Codrington v. Carco Group (decided June 27, 2014), the Eastern District of New York held that plaintiff stated a plausible pregnancy discrimination claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff claims that defendant replaced her with a younger non-mother six weeks after she gave birth and while she was on…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Where She Was Replaced by Non-Pregnant Employee
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In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
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A recent Eastern District decision, Sandvik v. Sears Holding/Sears Home Improvement Products, Inc., illustrates the nature and quantity of evidence necessary to overcome summary judgment in an age discrimination case under the federal Age Discrimination in Employment Act and its state/city law counterparts. Plaintiff – who worked for defendant for 38 years before his departure…

Read More Ageist Comments Support Discrimination Claim Against Sears
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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Morse v. JetBlue Airways Corp. decided June 9, 2014, the Eastern District of New York held that plaintiff’s receipt of Long Term Disability and Social Security Disability benefits precluded her from receiving back pay and front pay under the Americans With Disabilities Act and the New York State and City Human Rights Laws. (This decision addressed…

Read More Receipt of SSDI Benefits Precludes Disability Discrimination Plaintiff From Seeking Back Pay or Front Pay
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Below is the employment discrimination complaint, recently filed by security guard Tiffany Bryan against her employer AEG Management Brooklyn, alleging race discrimination. She seeks recovery under 42 U.S.C. section 1981 and the New York City Human Rights Law. It alleges that plaintiff, a black woman, “was ridiculed, discriminated against, and effectively terminated for the way she wears…

Read More Lawsuit Alleges Discriminatory Treatment For Failure to Tame Afro
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Employment 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) Claims
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Below is the complaint filed on June 11, 2014 by the Equal Employment Opportunity Commission against United Health Programs of America, Inc. and Cost Containment Group, Inc. The suit alleges, among other things, that defendants forced employees to engage in practices pursuant to a belief system called “Harnessing Happiness” (commonly known as “Onionhead”), including praying, reading…

Read More “Onionhead” Religious Discrimination Lawsuit
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As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…

Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
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