Faragher/Ellerth Defense – Page 4

May 18, 2015 by mjpospis

Hostile Work Environment Claims Under 42 USC 1981 and State Human Rights Law Continue

In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981.…

SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case

In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…

Who Is A “Supervisor”?

Seems like a straightforward question, right? It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting. However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…