Employment Discrimination

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A specific New York state law, N.Y. CPLR § 5252, prohibits discrimination against employees and prospective employees based on wage assignment or income execution. One commentator explains the purpose of this law: CPLR 5252 was added to discourage employers from dismissing employees solely because of income executions or wage assignments served on the employer. An…

Read More New York Law Prohibits Discrimination Because of Wage Assignment or Income Execution
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In Irons v. Bedford-Stuyvesant Cmty. Legal Servs., No. 13-CV-4467 MKB, 2015 WL 5692860 (E.D.N.Y. Sept. 28, 2015), the court dismissed a male plaintiff’s claims of sexual harassment/hostile work environment, gender discrimination, and retaliation. Here I’ll discuss one aspect of the case – namely, the court’s decision to grant defendants summary judgment on plaintiff’s claims of…

Read More Court Dismisses Male Employee’s Sex Discrimination Claims
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In Parker v. Workmen’s Circle Ctr. of the Bronx, Inc., No. 14CV5327-LTS, 2015 WL 5710511 (S.D.N.Y. Sept. 29, 2015), the Southern District of New York held that plaintiff sufficiently alleged her gender discrimination, sexual harassment, and hostile work environment claims. The Facts The court summarized plaintiff’s allegations, as set forth in her federal complaint, as…

Read More Retaliation, Hostile Work Environment, Gender Discrimination Claims Sufficiently Alleged Against Workmen’s Circle Center of the Bronx
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In a recent lawsuit, Kaplan-DiNola v. NYC Dept. of Education, 15-cv-8139 (SDNY filed 10/16/15), elementary school teacher Rosanne Kaplan-DiNola alleges that she is a homosexual female who “has been forced to work in an environment of blatant homophobia and discrimination perpetrated by her immediate supervisors.” She alleges, for example, that defendants berated her for her…

Read More Teacher’s Sexual Orientation Discrimination Lawsuit Against NYC Dept. of Education
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The New York City Human Rights Law is a broad statute that can be of enormous benefit to a plaintiff alleging, for example, employment discrimination, sexual harassment, and retaliation. That is, of course, when it applies. As illustrated by Lambui v. Collins, No. 14-CV-6457 JS AYS, 2015 WL 5821589 (E.D.N.Y. Sept. 30, 2015), the NYCHRL’s…

Read More Court Dismisses Sexual Harassment Lawsuit, Citing NYC Human Rights Law’s Limited Geographic Reach
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In Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…

Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination Law
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In Hardwick v. Auriemma, 2015 NY Slip Op 31836(U) (Sup. Ct. NY Cty. Sept. 25, 2015), an employment discrimination case, the court granted plaintiff’s motion to amend her complaint, pursuant to CPLR 3025(b), to add former NBA Commissioner David Stern as a party defendant and to add a claim for constructive discharge. (Here is plaintiff’s…

Read More Plaintiff Permitted to Amend Employment Discrimination/Sexual Harassment Complaint Against the NBA
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In New York, particularly New York City, employees are protected against discrimination (including sexual harassment and retaliation) by various laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Although these laws are similar in some respects, they differ…

Read More Individual Liability For Sexual Harassment Requires Participation, Court Holds
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In a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…

Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary Judgment
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In Guess v. University of Rochester, 2015 WL 489137 (WDNY Aug. 17, 2015), the court dismissed plaintiff’s disability discrimination complaint under the Americans with Disabilities Act. Plaintiff worked as a radiologist, and suffered from a disability (a brain aneurism). She alleges that the defendant discriminated against her by failing to provide her reasonable accommodations and…

Read More Disability Discrimination Claim Dismissed; Plaintiff Posed a “Direct Threat”
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