Court: SDNY

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In Makinen v. City of New York, No. 111CV07535ALCAJP, 2016 WL 880194 (S.D.N.Y. Mar. 1, 2016), the Southern District of New York upheld a jury verdict, largely in plaintiffs NYPD officers’ favor, that defendants them to discrimination based on their perceived disability (here, alcoholism). In sum, plaintiffs, who denied having issues with alcohol, were separately referred…

Read More Court Upholds Jury Verdict of Discrimination Based on Perceived Disability (Alcoholism)
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In a recently-filed Manhattan federal lawsuit, captioned Kantrowitz v. Procter & Gamble, SDNY 16cv02813, plaintiff alleges, among other things: [Plaintiff], a [Procter & Gamble] employee of two years in good standing who sold products geared to women at P&G’s Dolce and Gabbana [] makeup shop at Saks Fifth Avenue in Manhattan, was fired after she announced…

Read More Pregnancy Discrimination Lawsuit Against Procter & Gamble
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In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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The Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…

Read More Nepotism Insufficient to Establish Race/National Origin Discrimination
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In Guzman v. Concavage Marine Constr. Inc., No. 14-CV-8587 (KMK), 2016 WL 1273285 (S.D.N.Y. Mar. 31, 2016), the court denied defendants’ motion to dismiss/strike plaintiff’s allegation that he suffered a physical workplace injury as a result of his employer’s owner’s racist attitude towards him, in violation of 42 U.S.C. 1981. This decision is instructive as…

Read More Hostile Work Environment Claim Arising From Alleged Racism-Caused Bodily Injury Proceeds
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In Bouveng v. NYG Capital LLC et al, No. 14 CIV. 5474 (PGG), 2016 WL 1312139 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In Weslowski v. Zugibe, 96 F. Supp. 3d 308 (S.D.N.Y. 2015) aff’d, 626 F. App’x 20 (2d Cir. 2015), the court dismissed the wrongful termination complaint filed by an Assistant District Attorney. Among other things, the court unsurprisingly held that public employees do not have a right to watch pornography in the workplace. As to…

Read More Public Employee Did Not Have Right to Download or Watch Pornography in the Workplace
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for…

Read More $2.1 Million Consent Decree in Gender Discrimination/Failure to Hire Case Against Mavis Tire et al
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