The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…
Read More Court: “Failure to Rehire” is an “Adverse Employment Action”In Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…
Read More “Have You Identified All Facts Supporting Your Claims?”In Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination ClaimIn Pecile v. Titan Capital Group, LLC, 2014 NY Slip Op 05053, 119 A.D.3d 446 (App. Div. 1st Dept. July 3, 2014), the Appellate Division, First Department held that the plaintiffs in this sexual harassment lawsuit[1]Redacted. are entitled to production of (1) all documents concerning complaints of sexual harassment and/or retaliation, whether internal or external, made…
Read More Sexual Harassment Plaintiffs Entitled to Discovery Regarding Harassment Complaints, First Dept. HoldsIn Karimian v. Time Equities, Inc., 569 Fed.Appx. 54, 13-997-cv (2d Cir. June 17, 2014) (Summary Order), the Second Circuit affirmed a district court decision granting defendants’ motion for summary judgment as to plaintiff’s hostile work environment, retaliation, and national origin discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964. “In…
Read More Cost-Reduction Measures, and Not Anti-Iranian Discrimination, Justified Termination, Second Circuit HoldsGenerally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…
Read More What is Sexual Harassment?In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…
Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work EnvironmentIn Zavala v. Cornell University, the U.S. District Court for the Northern District of New York recently denied defendant’s Federal Rule of Civil Procedure 12(c) motion for judgment on the pleadings on plaintiff’s disability discrimination claims under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Plaintiff, who suffers from diabetes, worked as a network technician for…
Read More Diabetic Plaintiff’s Disability Discrimination Complaint Survives Motion for Judgment on the PleadingsHappy Valentine’s Day! In keeping with what I hope will be a continued practice of keying blog posts to holidays, I present to you the case of Ashok v. Barnhart, 289 F. Supp. 2d 305 (EDNY 2003). In Ashok, plaintiff claimed that she was subjected to retaliation and a hostile work environment based on national…
Read More Allegedly “Humiliating” Valentine’s Day Poster Did Not Support Hostile Work Environment ClaimIn Quinones v. Cornell Univ, 2014 NY Slip Op 00882 [114 AD3d 472] (App. Div. 1st Dept. Feb. 11, 2014), the Appellate Division, First Department affirmed a decision by New York Supreme Court Judge Shlomo Hagler to disallow an untimely motion for summary judgment by defendant. Plaintiff sued Cornell alleging employment discrimination based upon national origin and…
Read More Employment Discrimination Defendant Denied Opportunity to File Untimely Summary Judgment Motion