Court: SDNY

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In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct connected a protected characteristic); and A specific basis for imputing the hostile work environment to the employer (vicarious liability). A recent case, Ward v. Shaddock, No.…

Read More Hostile Work Environment Created by Co-Worker Not Imputable to Entity Employer
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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 Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
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In 2015 I wrote a blog post about a Southern District of New York decision and order in a case captioned Varughese v. Mount Sinai Med. Ctr., No. 12-cv-8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015), which granted defendants’ motion for summary judgment and dismissed with prejudice all of plaintiff Dr. Leena Varughese’s claims…

Read More Bullying, Censorship, and Baseless Lawsuit Threats: Dr. Leena Varughese
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In Mondesir v. N. Shore LIJ Health Sys., No. 14-CV-6496 (JGK), 2016 WL 6952254 (S.D.N.Y. Nov. 28, 2016), the court dismissed plaintiff’s race discrimination (hostile work environment) claim under 42 U.S.C. § 1981. Plaintiff, a black woman born in Haiti, worked as a medical assistant for defendant. She alleged, among other things, that a manager’s…

Read More Court Discusses “Dog Whistle”, or “Coded”, Racism; Dismisses Race-Based Hostile Work Environment Claim
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In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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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 Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of…

Read More Sexual Orientation Discrimination Claim Must Be Arbitrated; Consent to Arbitration Was “Knowing and Voluntary”
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In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title…

Read More Distinguishing Between “Sexual Orientation Discrimination” and “Gender Stereotyping”, Court Dismisses Gay Man’s Discrimination Claim
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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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