Employment Discrimination

by

In a recent update to its “What You Should Know” segment, the U.S. Equal Employment Opportunity Commission stated that, under the ADA, an employer may not require antibody testing before permitting employees to re-enter the workplace. It wrote: An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that…

Read More EEOC: Employers Can Not Require Antibody Testing Before Allowing Employees to Re-Enter the Workplace
Share This:
by

In Shukla v. Deloitte Consulting LLP, 2020 WL 3181785 (S.D.N.Y. June 15, 2020), the court held, inter alia, that plaintiff sufficiently alleged race/national origin discrimination under the New York City Human Rights Law. The court also dismissed several of plaintiff’s other claims, including his gender, race and national origin discrimination claims under Title VII, Section…

Read More Citing “Expendable Indian” Comment, Court Finds Plaintiff Plausibly Alleged Race/National Origin Discrimination Claim Under the NYC Human Rights Law
Share This:
by

In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on perceived sexual orientation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. (I addressed the court’s…

Read More Plaintiff Sufficiently Alleges Sexual Orientation Discrimination Against Leg Apparel et al
Share This:
by

Today, in Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020) (J. Gorsuch),[1]This case was decided together with Altitude Express, Inc. v. Zarda, No. 17-1623 (Second Circuit) and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (Sixth Circuit). the U.S. Supreme Court held that the prohibition of discrimination based on “sex”…

Read More U.S. Supreme Court Rules 6-3 That Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status
Share This:
by

In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Leg Apparel et al
Share This:
by

In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged his race-based discrimination claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Included Disproportionately Heavy Workload
Share This:
by

A recently-issued Consent Decree in the matter of EEOC v. GRK Pas LLC d/b/a GRK Fresh Greek, 2020 WL 3073786 (S.D.N.Y. June 10, 2020) reflects the resolution of plaintiffs’ hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the Decree: Considering Defendants’ ongoing financial difficulties. the…

Read More EEOC Consent Decree Reached with GRK Fresh Holdings in Sexual Harassment Case
Share This:
by

In Howell v. United Federation of Teachers Welfare Fund, No. 153234/2017, 2020 WL 2933631, 2020 N.Y. Slip Op. 31713(U) (N.Y. Sup Ct, New York County June 03, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim under the New York State and City Human Rights Laws. As…

Read More Hostile Work Environment Claims Dismissed Against United Federation of Teachers Welfare Fund
Share This:
by

In Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…

Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case
Share This:
by

In Mejia v. City of New York, 2020 WL 2837008 (E.D.N.Y. May 30, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted against two individuals under the New York City Human Rights Law. From the decision: Plaintiff’s gender-based hostile work environment claim, however, is viable as…

Read More “Bitch” Remark Among Evidence Supporting Denial of Summary Judgment Under the NYC Human Rights Law on Plaintiff’s Hostile Work Environment Claim
Share This: