FRCP 12(b)(6)

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The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

Read More Excessive Force/Tight Handcuffing Claim Sufficiently Alleged
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In Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…

Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights Law
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Gordon v. City of New York, 14-545-cv (2d Cir. 2015), the Second Circuit affirmed, in a summary order, the dismissal of plaintiffs’ First Amendment retaliation and hostile work environment claims. The facts, as summarized by the court: While working as emergency medical technicians (“EMTs”) for the New York City Fire Department (“FDNY”), plaintiffs Tomeko…

Read More Second Circuit: No Hostile Work Environment Where Black Woman and White Male Were Subjected to Similar Treatment
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In Vasquez v. Empress Ambulance Serv., Inc., No. 14 CIV. 8387 NRB, 2015 WL 5037055 (S.D.N.Y. Aug. 26, 2015), the court addressed the following question: [W]hether an employer is liable for unlawfully retaliating against a plaintiff employee when (1) the plaintiff reports that a coworker [here, Gray] has sexually harassed her, (2) the employer promptly…

Read More Court Discusses and Applies “Cat’s Paw” Theory in Sexual Harassment/Retaliation Case
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Many employers use handbooks or manuals that provide details and instructions to employees regarding the terms and conditions of employment. Under certain limited circumstances, an employment manual/handbook may the source of contractual rights. A recent decision, Kunda v. Caremark PhC, L.L.C., No. 14-CV-6125 JFB AYS, 2015 WL 4768817 (E.D.N.Y. Aug. 13, 2015), addresses the issue. In that case, the…

Read More CVS’ Employment Handbook Was Not a Contract, Court Holds
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In Nunez v. New York State Dep’t of Corr. & Cmty. Supervision, No. 14-CV-6647 JMF, 2015 WL 4605684 (S.D.N.Y. July 31, 2015), the court held that plaintiff – a parole officer – plausibly alleged sexual harassment under the New York City Human Rights Law, but not the New York State Human Rights Law. Plaintiff alleged that…

Read More Parole Officer Sufficiently Alleges Sexual Harassment Under NYC Human Rights Law
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In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…

Read More Court Rejects Terminated Employee’s Claim to Bonus and Severance
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In Lico v. TD Bank, 2015 WL 3467159 (EDNY June 1, 2015), the Eastern District of New York held that the plaintiff successfully alleged a violation of Fair Labor Standards Act (FLSA) § 207(r). That statute, titled “Reasonable break time for nuring mothers”, provides, in pertinent part: (A) a reasonable break time for an employee to express…

Read More Court Holds FLSA’s Lactation Statute is Privately Enforceable and Explains Remedies for Violation
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In Rock v. Blaine, 2015 WL 3795886 (NDNY June 17, 2015), the court denied defendant State of New York’s motion to dismiss plaintiff’s retaliation claim against it. Plaintiff, a corrections officer, sued the State of New York and three individuals under Title VII of the Civil Rights Act of 1964, alleging retaliation for making a…

Read More Female Corrections Officer Sufficiently Alleges Retaliation Against the State of New York
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