Employment Discrimination

In Frederick v. United Bhd. of Carpenters & Joiners of Am., No. 15-1065, 2016 WL 6518812 (2d Cir. Nov. 3, 2016), the Second Circuit reminds us that Title VII of the Civil Rights Act of 1964 protects against only a subset of arguably unfair workplace conduct. In affirming the district court’s dismissal of plaintiff’s employment…

Read More Unfair, But Not Unlawful: Court Again Reminds Us of the Limitations of Title VII
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin employment discrimination claims. Plaintiff, a black man, worked as a bus driver for the NYC Transit Authority. NYCTA terminated him after an incident involving alleged…

Read More Race Discrimination Claim Dismissed; Alleged White Comparator Was Not “Similarly Situated in All Material Respects” to Plaintiff
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In Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code…

Read More Second Circuit Addresses the Standard for Punitive Damages Under the NYC Human Rights Law
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In Moll v. Telesector Res. Grp., Inc., No. 04-CV-0805S(SR), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016), a sex discrimination/hostile work environment/retaliation case, the court ruled on the parties’ respective motions to compel discovery. (For more background on this case, you may wish to review the Second Circuit’s 2014 decision vacating the district court’s 2012 summary judgment…

Read More Court Rules on Social Media Discovery Request in Sexual Harassment Case
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In Emengo v. State of New York, 2016 NY Slip Op 06734 (App. Div. 1st Dept. Oct. 13, 2016), the court modified a lower court ruling and held that plaintiff sufficiently alleged race/national origin discrimination and retaliation under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: Plaintiff’s allegations are…

Read More Race/National Origin Discrimination and Retaliation Claims Survive Dismissal
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Halloween is a fun holiday. Not so, however, for employees forced to endure sexual harassment during a company Halloween party. In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,…

Read More Sexual Harassment During Company Halloween Party Among Facts of Case Resulting in $170,000 Compensatory Damages Award
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In N.Y. State Div. of Human Rights v. Besdad, Inc., No. 2014-08481, 2016 WL 6269891 (N.Y. App. Div. 2d Dept. Oct. 26, 2016), the court upheld a determination by the NYS Division of Human Rights that the respondents discriminated against the complainant on the basis of his race and color by subjecting him to a…

Read More Desire Not to “Offend” Alleged Harasser Properly Found to Result in Condonation of Racial Discrimination
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In a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages…

Read More Same-Sex Sexual Harassment Lawsuit Against Haagen Dazs Franchisee
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In McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant defendants’ motion to enforce a post-mediation Memorandum of Understanding (MOU) settling plaintiff’s employment discrimination case pursuant to Title VII of the Civil Rights Act…

Read More “Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation Memorandum of Understanding Settling Title VII Employment Discrimination Case
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