In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…
Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPSIn Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…
Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…
Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual HarassmentIn Harris v. Oscar De La Renta, LLC, 2022 WL 540659 (SDNY Feb. 22, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, the plaintiff states a claim for failure to hire. The…
Read More Race-Based Failure-to-Hire Discrimination Claim Will Proceed Against Oscar De La RentaIn Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…
Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument RejectedIn Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…
Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment CaseIn Daniels v. American Airlines Inc., 19-cv-3110, 2022 WL 493573 (E.D.N.Y. Feb. 17, 2022), the court dismissed “workplace bullying” claims asserted by plaintiff, a former flight attendant for defendant American Airlines. This decision teaches, and confirms, that while a certain type of bullying – bullying motivated by impermissible factors (i.e., “protected classes” such as sex,…
Read More Workplace Bullying, Hostile Work Environment Claims Dismissed by CourtIn Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…
Read More Sexual Harassment and Other Claims Dismissed Against Andrew NapolitanoIn Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…
Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration PreemptionIn Kim v. Sae-a Trading America Corp., No. 656669/2020, 2022 WL 106846 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s “non-traditional Korean” national origin discrimination claim. Plaintiff alleged, among other things, that defendants made offensive comments disapproving of the fact that Plaintiff was “still…
Read More “Non-Traditional Korean” National Origin Discrimination Claim Dismissed