Employment Discrimination

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In Bouveng v. NYG Capital LLC et al, No. 14 CIV. 5474 (PGG), 2016 WL 1312139 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In Lopez v. Advantage Plumbing & Mech. Corp., No. 15-CV-4507 (AJN), 2016 WL 1268274 (S.D.N.Y. Mar. 31, 2016), the court held, among other things, that plaintiffs could amend their complaint to add a national origin discrimination (hostile work environment) claim under the NYC Human Rights Law (but not federal or state law) based on defendants’ “English-only”…

Read More “English Only” National Origin Discrimination Hostile Work Environment Claim Plausibly Alleged Under NYC Human Rights Law
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In Ahmed v. Astoria Bank, No. 14-CV-4595, 2016 WL 1254638 (E.D.N.Y. Mar. 31, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (race, religion, national origin) and retaliation. This decision is instructive on what is required to survive summary judgment on a Title VII hostile work…

Read More Alleged “Terrorist” (Etc.) Comments Were Insufficient to Survive Summary Judgment on Hostile Work Environment Claim; Retaliation Claim Dismissed For Failure to Exhaust Administrative (EEOC) Remedies
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In Alex v. Gen. Elec. Co., No. 12-cv-1021, 2016 WL 1057042 (N.D.N.Y. Mar. 14, 2016), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff’s deposition testimony that one or more unidentified co-workers told Plaintiff that Defendant Lanoue had referred to Plaintiff as “N—–” (behind her back) is inadmissible. Specifically, the alleged statements…

Read More Court Dismisses Race Discrimination/Hostile Work Environment Claim; “N-Word” Evidence Was Inadmissible Hearsay
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In Matter of Cruz v. Schriro, 2016 NY Slip Op 50363(U) (NY Sup Ct. NY Cty. March 24, 2016), the court held that the petitioner – a probationary NYC Dept. of Correction Correction Officer – sufficiently alleged that he suffered a “disability” under the NYC Human Rights Law and that the respondent failed to accommodate his disability.…

Read More Probationary Corrections Officer Sufficiently Alleges That Rikers Island-Related Hives and Allergic Reactions Constituted a “Disability” Under the NYC Human Rights Law
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In a lawsuit captioned Tomahawk v. 207-215 W 98th St. Condominium et al (NY Sup. Ct. NY Cty. 152509/2016, filed March 23, 2016), the plaintiff – a disabled Native American and Hispanic porter at a Manhattan building – alleges that he was subjected to discrimination based on his disability and Native American heritage. From the…

Read More Disparaging Remarks About Native Americans Alleged in Manhattan Employment Discrimination Lawsuit
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In Brown v. Queens Center for Progress, No. 16 CIV 1399, 2016 WL 1171593 (E.D.N.Y. Mar. 24, 2016), Eastern District Judge Brian Cogan dismissed the pro se plaintiff’s employment discrimination complaint for failure to state a claim. The court succinctly explains what the federal anti-discrimination laws cover (and, arguably more importantly, what they do not cover): Plaintiff…

Read More Court Explains That Federal Anti-Discrimination Law Does Not Entitle Workers to be Treated Fairly, Reasonably, or Wisely
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In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for…

Read More $2.1 Million Consent Decree in Gender Discrimination/Failure to Hire Case Against Mavis Tire et al
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A plaintiff asserting discrimination under Title VII of the Civil Rights Act of 1964 must establish, among other things, that they suffered an “adverse employment action.” That term, like many in the law, has a specialized meaning. In Boza-Meade v. Rochester Hous. Auth., No. 6:14-CV-6356 EAW, 2016 WL 1157643 (W.D.N.Y. Mar. 21, 2016), the court…

Read More Criticism of Work Etc. Was Not “Adverse Employment Action”; Race and National Origin Discrimination Case Dismissed
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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