Court: SDNY

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Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

Read More Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment
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More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

Read More Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter
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In Doyle v. City of New York (SDNY 14-02831, March 4, 2015), the Southern District of New York held, in a case of first impression, that persons who perform court-ordered community service as a condition of an Adjournment in Contemplation of Dismissal (ACD) are not “employees” within the meaning of the federal Fair Labor Standards…

Read More Persons Who Perform Community Service as Condition of ACD Are Not “Employees” Under the FLSA
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In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…

Read More Discrimination Lawsuit Against Toys “R” Us
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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Various statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…

Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee Award
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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In Michael v. Bloomberg (SDNY 2/11/15) – yes, that is the actual caption – the court rejected plaintiff’s motion for a protective order and to proceed pseudonymously. Plaintiff alleges that Bloomberg engaged in violations of the Fair Labor Standards Act and New York Labor Law by failing to pay proper overtime premiums to workers in its…

Read More Court Rejects FLSA Plaintiff’s Request to Proceed Against Bloomberg Under Pseudonym
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A lawsuit filed in the Southern District of New York, captioned Lampley et al v. Alexander Rojas and the City of New York, SDNY 14-cv-8832 (Nov. 6, 2014), alleges that a NYPD lieutenant, Alexander Rojas, subjected plaintiffs, 3 NYPD officers, to “egregious sexual harassment”, including groping the intimate areas of plaintiffs’ bodies; displaying to plaintiffs…

Read More NYPD Sexual Harassment Lawsuit Includes Allegations of Groping, Masturbation, and Penis Exposure
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Here is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.    

Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” Mergermarket
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