Court: SDNY

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In a recent lawsuit, Kaplan-DiNola v. NYC Dept. of Education, 15-cv-8139 (SDNY filed 10/16/15), elementary school teacher Rosanne Kaplan-DiNola alleges that she is a homosexual female who “has been forced to work in an environment of blatant homophobia and discrimination perpetrated by her immediate supervisors.” She alleges, for example, that defendants berated her for her…

Read More Teacher’s Sexual Orientation Discrimination Lawsuit Against NYC Dept. of Education
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In Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…

Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination Law
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In New York, particularly New York City, employees are protected against discrimination (including sexual harassment and retaliation) by various laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Although these laws are similar in some respects, they differ…

Read More Individual Liability For Sexual Harassment Requires Participation, Court Holds
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The court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…

Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. Sinai
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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In a recent lawsuit, captioned Anil v. Cipriani USA, Inc. (SDNY 15-cv-7430 filed 9/22/15), plaintiff alleges that while working at Cipriani she was subjected to sexual harassment and a hostile work environment, and retaliation after complaining about the treatment she endured. She alleges, for example, that her immediate supervisor asked plaintiff if she wanted to…

Read More Sexual Harassment Lawsuit Against Cipriani
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…

Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCA
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In Britt v. Thermald Realty I, LP, No. 13 CIV. 8289 KPF, 2015 WL 4922977 (S.D.N.Y. Aug. 18, 2015), the court dismissed the plaintiff’s claims of “quid pro quo” and “hostile work environment” sexual harassment, as well as his retaliation claim. In sum, plaintiff – a superintendent for East Village property owner Thermald Realty – alleged that…

Read More Court Dismisses Superintendent’s Sexual Harassment Claims
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In a recent lawsuit captioned Schultz v. Congregation Shearith Israel of the City of New York et al (SDNY, 15-cv-07473, filed 9/22/15), plaintiff alleges that her employer, described in the complaint as “the oldest Jewish congregation in the United States”, fired plaintiff “immediately after learning that when her Orthodox marriage ceremony was performed, she was also…

Read More Lawsuit Alleges Unlawful Termination by Jewish Congregation for Having Pre-Marital Sex
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