In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…
Read More Sexual Harassment Plaintiff Hit With Spoliation SanctionsIn a recently-filed complaint, captioned Simchi-Levi v. Kobra Int’l d/b/a Nicole Miller (NY Sup. Ct. NY Cty Index 152114/2017, filed Mafch 5, 2017), plaintiff asserts claims of pregnancy discrimination under the New York State and City Human Rights Laws, and a claim of failure to pay earned sick time under the New York City Earned…
Read More Pregnancy Discrimination Lawsuit Against Nicole MillerIn Moraetis v. Robert S. Evans et al (NY Sup. Ct. NY Cty. Index 152829/2015) (J. Bannon), a gender discrimination/hostile work environment case, the court declined (under CPLR 5519(c)) to stay the matter pending appeal of an earlier decision denying defendant’s motion to dismiss. Procedurally, the court noted that “[w]here, as here, there is no…
Read More Court Denies Stay Pending Appeal in Gender-Based Hostile Work Environment CaseIn Demir v. Sandoz Inc. and Fougera Pharmaceuticals (NY Sup. Ct. NY Cty., Index 150954/2015, Feb. 17, 2017), the court held that plaintiff – a Muslim woman of Turkish national origin – sufficiently alleged causes of action for discrimination and hostile work environment (based on her gender, national origin, and religion) under the New York State…
Read More Muslim/Turkish Woman Sufficiently Alleges Gender, National Origin, and Religious Discrimination Against SandozIn Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC…
Read More Sexual Harassment Lawsuit Dismissed Pursuant to NBC Universal’s Mediation/Arbitration ProgramA recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…
Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC CompanyIn a recently-filed New York state court lawsuit, Valenti v. American International Group et al. (NY Sup. Ct. NY Cty. 150678/2017, filed 1/20/17), plaintiff asserts claims of sexual harassment, hostile work environment, and retaliation under the New York City and State Human Rights Laws. In her complaint, plaintiff describes the atmosphere at the company as…
Read More Sexual Harassment Lawsuit Against AIGIn Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…
Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights LawIn a lawsuit filed on January 5, 2017 captioned Heffernan v. Delta Airlines et al (N.Y. Sup. Ct. N.Y. Cty. Index 150092/2017), plaintiffs allege, inter alia, that their “mentor” (Delta employee) Mike Keve exposed himself and masturbated at work and that they were terminated in retaliation for complaining about it, in violation of the New…
Read More Sexual Harassment Lawsuit Against Delta Airlines Features “Masturbating Mentor”In Horwitz v. Loop Capital Markets LLC (N.Y. Sup. Ct., N.Y. Cty., Index No. 650944/2016, Dec. 5, 2016), the court denied defendant’s CPLR 3211(a)(7) motion to dismiss and held that plaintiff sufficiently alleged a claim for discrimination based on a disability (here, a stutter) under the New York City Human Rights Law.[1]The court also ruled on…
Read More Disability Discrimination Claim, Based on Stutter, Survives Motion to Dismiss