In EEOC v. Vamco Sheet Metals Inc, the Southern District of New York held that plaintiff – a proposed intervenor in a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) – may state a claim for discrimination under Title VII where she was allegedly harassed for breastfeeding her baby. From the decision: Title VII…
Read More Discrimination Related to Breastfeeding May Violate Title VIIIn Albin v. LVMH Moet Louis Vuitton, the Southern District of New York held that plaintiff plausibly alleged claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (of which the Pregnancy Discrimination Act is a part), the New York State Human Rights Law, and the New York City Human Rights…
Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Against Louis VuittonIn Rivera v. Balter Sales Co. (decided 12/1/14), the Southern District of New York held that plaintiff sufficiently alleged claims for aiding and abetting discriminatory conduct (under the New York State Human Rights Law) and false arrest. What is interesting about this case is that plaintiff sued not only her former employer, but also the…
Read More Fired Plaintiff Sufficiently Alleges “Aiding and Abetting” Claim Arising From Retaliatory ArrestIn Juarez v. Northwestern Mutual Life Insurance Co., the Southern District of New York held that plaintiff stated a claim under 42 U.S.C. 1981 for discrimination against aliens without green cards. Section 1981 prohibits both public and private actors from discriminating on the basis of race or alienage in the making and enforcement of contracts,…
Read More Job Applicant Successfully Alleges Alienage Discrimination Based on Policy Targeting Legal Aliens Without Green CardsIn a lawsuit captioned Misas v. North Shore-Long Island Jewish Health System and Julio Cardoza, SDNY 14-cv-8787 (filed Nov. 4, 2014), plaintiffs allege that defendants North Shore-Long Island Jewish Health System and Julio Cardoza subjected them to harassment, discrimination, a hostile work environment and retaliation. They assert, for example, that a supervisor told one plaintiff…
Read More Sausages, Pornography, Witchcraft, and Spanking: Sexual Harassment Lawsuit Against Lenox Hill HospitalIn Satina v. NYC Human Resources Admin., the Southern District of New York held that plaintiff adequately stated claims for discrimination (unequal pay due to her gender) and retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff…
Read More Court Provides Roadmap For Pleading “Unequal Gender Pay” Discrimination ClaimsIn TE v. Pine Bush Central School Dist, the Southern District of New York denied defendants’ motion for summary judgment on plaintiffs/students’ Title VI claims. Title VI of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000(d), provides that [n]o person in the United States shall, on the ground of race, color, or…
Read More Anti-Semitic Student Harassment Case ContinuesHere is the recent employment discrimination lawsuit filed against HSBC, captioned Michael Preston v. HSBC Securities (USA) Inc., 14-cv-8402. Plaintiff alleges, among other things, that he was sexually harassed by a gay co-worker – which involved explicit requests for sexual favors, physically touching and fondling plaintiff, and sexual remarks about plaintiff’s penis – and then fired a…
Read More Sexual Harassment/Hostile Work Environment Lawsuit Against HSBCIn Parra v. City of White Plains (decided Sept. 4, 2014), the Southern District of New York held that plaintiff plausibly alleged some, but not other, claims of discrimination. Plaintiff, a Hispanic female police officer, alleged that defendants subjected her to a hostile work environment based on sexual harassment, retaliated against her for complaining about the…
Read More Pairing Harassment Victim With Harassers Was Unreasonable, Supporting Vicarious Liability in Police Officer’s Sexual Harassment/Hostile Work Environment CaseIn Hu v. UGL Services Unicco Operations Co., decided October 9, 2014, the Southern District of New York dismissed plaintiff’s age discrimination claims under the federal Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). One take-away point from this case…
Read More Absence of Ageist Comments Dooms Age Discrimination Case at the “Pretext” Stage