On October 21, 2015, Governor Cuomo signed into law several bills, collectively known as the “Women’s Equality Act” (Assembly Bill No. A08070), that will accord greater protections to women in the workplace. These new laws will take effect 90 days after signing, in January 2016. According to the Governor’s website, this legislation “will help to ensure that…
Read More Governor Cuomo Signs “Women’s Equality Act”In Ragoo v. New York City Taxi & Limousine Comm’n, No. 101970/08, 2015 WL 6181750 (N.Y. App. Div. Oct. 22, 2015), the court affirmed the dismissal of plaintiff’s claims for retaliation and disability discrimination (failure to accommodate) under the New York State Human Rights Law because plaintiff failed to establish that she suffered an “adverse employment…
Read More Transfer and Reassignment Were Not “Adverse Employment Actions”; Disability Discrimination and Retaliation Claims Properly DismissedIn Self v. Mixmaster, LLC, 2015 NY Slip Op 31938(U) (N.Y. Sup. Ct. Kings Cty. Oct. 19, 2015), the court denied defendants’ motion to dismiss plaintiff’s NYC Human Rights Law (NYCHRL) (sexual harassment, gender discrimination, and retaliation), intentional infliction of emotional distress, and negligent infliction of emotional distress claims. Defendants argued that plaintiff’s claims under…
Read More Sexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights LawA recent New York Supreme Court case, Spellman v. Gucci Am. Inc., 2015 NY Slip Op 31728(U) (Sup. Ct. NY Cty. Sept. 11, 2015), illustrates that “hostility” disconnected from the plaintiff’s protected class is insufficient to state a cause of action, even under the relatively broad NYC Human Rights Law. The court dismissed plaintiff’s hostile work environment claim…
Read More Alleged Threats of Death and Termination Insufficient to Allege a Cause of Action for a Hostile Work Environment Under the NYC Human Rights LawIn a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.
Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con EdisonFile this one under “What were they thinking?!?”. When the facts of an employment discrimination case include the terms “Hitler video” and “mandatory conference”, it isn’t difficult to predict how the case is going to turn out. In Orlando v. BNP Paribas N. Am., Inc., No. 14 CIV. 4102 AJP, 2015 WL 6387531 (S.D.N.Y. Oct. 22,…
Read More Hitler/Nazi “Training Video” Supports Hostile Work Environment Claims Under New York State and City Human Rights LawsIn Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…
Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPSIn Husser v. New York City Dep’t of Educ., No. 12-CV-6095 MKB JO, 2015 WL 5774741 (E.D.N.Y. Sept. 30, 2015), plaintiff alleged that defendants willfully failed to pay her wages equal to those paid to men for equal work, retaliated against her, and subjected her to a hostile work environment. The court adopted the Magistrate Judge’s Report…
Read More Gender Pay Discrimination and Retaliation, But Not Hostile Work Environment, Claims Survive Summary JudgmentIn a recent lawsuit filed in Bronx Supreme Court, captioned Guzman et al v. Food 2 Lex LLC d/b/a Maialino Restaurant (Index # 25827/2015E), two workers at Danny Meyer’s Gramercy Park restaurant Maialino allege that they were terminated and denied reasonable accommodations (including unpaid leave) because of their pregnancy/pregnancy-related illnesses, in violation of the New York…
Read More Pregnancy Discrimination Lawsuit Against Danny Meyer Restaurant Maialino“Sexual harassment” is one type of unlawful discrimination based on “sex” under various statutes, including Title VII of the Civil Rights Act of 1964. The term “quid pro quo” is a Latin phrase that means “this for that”. In the context of employment discrimination/sexual harassment law, it has a specific meaning. “Sexual harassment claims are…
Read More What is “Quid Pro Quo” Sexual Harassment?