Employment Discrimination

by

In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here, plaintiff, who identifies as a Southeast Asian non-Chinese speaker, worked for defendant as a cleaner in the Union Square W Hotel. She alleged, among other things, that she…

Read More Hotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge Claims Insufficiently Alleged
Share This:
by

In Collazo v. Cty. of Suffolk, No. 12-CV-2196, 2016 WL 660856 (E.D.N.Y. Feb. 17, 2016), the court summarized various ways in which a Title VII plaintiff can demonstrate the requisite “inference of discrimination” as part of the prima facie case element of a discrimination claim: An inference of discrimination can be found in circumstances that include: (1)…

Read More Discrimination Claims Proceed as to Some, But Not All, Alleged Adverse Employment Actions
Share This:
by

In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin discrimination, disability discrimination, hostile work environment, retaliation, and constructive discharge. Plaintiff, a female of Mexican national origin, worked for defendant as an inspector. She alleged,…

Read More Citing Lack of Remarks or Different Treatment, Court Dismisses Mexican Woman’s Discrimination Claims
Share This:
by

In Brailsford v. Zara USA, Inc., No. 14 CIV. 6999 (LGS), 2016 WL 626560 (S.D.N.Y. Feb. 16, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s employment (race) discrimination claims, asserted under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, against Zara. In sum, plaintiff alleges that while working…

Read More Court Dismisses Race Discrimination, Hostile Work Environment Claims Against Zara
Share This:
by

By now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what…

Read More Off-Duty Conduct and Termination
Share This:
by

In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…

Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination Laws
Share This:
by

A Summary Order issued today by the Second Circuit (in Kirkweg v. New York City Department of Education) includes language helpful to plaintiffs asserting retaliation claims. Citing the Supreme Court’s decision in Burlington N. & Sante Fe Ry. Co. v. White, 548 U.S. 53, 68−70 (2006) and Second Circuit precedent, the Second Circuit explains: In granting dismissal,…

Read More Second Circuit: Pecuniary Injury Not Necessary for “Adverse Action” for Retaliation Claim
Share This:
by

In a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The complaint refers to “ConEd’s negative and stereotyped view of women…

Read More Sex Discrimination Lawsuit Against Con Edison
Share This:
by

In Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…

Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”
Share This:
by

In Echeverri v. The New York City Dept. of Sanitation, No. 15 CIV. 80 (LGS), 2016 WL 427914 (S.D.N.Y. Feb. 3, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the Americans with Disabilities Act and the NYC Human Rights Law.. This opinion is instructive on, among other things,…

Read More Sanitation Worker’s Disability Discrimination Claim Survives Summary Judgment
Share This: