Court: SDNY

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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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In a recent lawsuit captioned Ikezi v. Cipriani Club 55 LLC et al, 15-cv-06145 (SDNY filed 8/5/15), plaintiff Henry Ikezi accuses the Cipriani Club and others of discriminating against him on account of his race. Plaintiff alleges, among other things, that On or about April 2015, when Cipriani Club advised the Plaintiff that Cipriani Club…

Read More Public Accommodation Race Discrimination Lawsuit Against Cipriani Club
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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In Wynn v. New York City Hous. Auth., No. 14-CV-2818 SAS, 2015 WL 4578684 (S.D.N.Y. July 29, 2015), the court held that a Collective Bargaining Agreement (CBA) did not foreclose plaintiffs from pressing their employment discrimination claims. In this case, plaintiffs allege that NYCHA systematically undercompensated them due to a policy of race discrimination. Defendant argued…

Read More Collective Bargaining Agreement Does Not Deprive Court of Subject Matter Jurisdiction Over Employment Discrimination Claims
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Below is the recent age discrimination lawsuit, captioned Parra v. Access Staffing and Crystal Hernandez, 15-cv-05495 (SDNY July 15, 2015), filed by the plaintiff against a staffing agency and its manager. Plaintiff alleges that she was subjected to discrimination based on her (young) age and retaliation. Specifically, plaintiff alleges that defendants said “You’re such a baby” and…

Read More “Too Young” Age Discrimination Lawsuit Against Staffing Agency
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In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…

Read More Court Rejects Terminated Employee’s Claim to Bonus and Severance
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In Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…

Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case
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In Rosas v. Alice’s Tea Cup LLC, 14-cv-8788 (SDNY July 6, 2015), the court emphasized that “the protections of the FLSA are available to citizens and undocumented workers alike”, and entered a protective order precluding defendants from seeking discovery of the plaintiffs’ immigration status, tax returns, or current employers. Plaintiffs asserted that defendants failed to pay them…

Read More Court Denies FLSA Defendants Access to Plaintiffs’ Immigration Status, Tax Returns, or Current Employers
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