Hostile Work Environment

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In Defran v. Transp Workers Union of Greater New York AFL-CIO, 2016 WL 740308 (N.Y.Sup.), 2016 N.Y. Slip Op. 30329(U), the court discussed and applied the “joint employer” doctrine in the context of an employment discrimination/sexual harassment/retaliation case. Plaintiff, a bus driver/union member who later became chairperson of her union (TWU/Local 100), alleged that she was…

Read More Plaintiff Sufficiently Alleges “Joint Employer” Status in Hostile Work Environment/Sexual Harassment Case
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The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
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In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here, plaintiff, who identifies as a Southeast Asian non-Chinese speaker, worked for defendant as a cleaner in the Union Square W Hotel. She alleged, among other things, that she…

Read More Hotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge Claims Insufficiently Alleged
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In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin discrimination, disability discrimination, hostile work environment, retaliation, and constructive discharge. Plaintiff, a female of Mexican national origin, worked for defendant as an inspector. She alleged,…

Read More Citing Lack of Remarks or Different Treatment, Court Dismisses Mexican Woman’s Discrimination Claims
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In Brailsford v. Zara USA, Inc., No. 14 CIV. 6999 (LGS), 2016 WL 626560 (S.D.N.Y. Feb. 16, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s employment (race) discrimination claims, asserted under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, against Zara. In sum, plaintiff alleges that while working…

Read More Court Dismisses Race Discrimination, Hostile Work Environment Claims Against Zara
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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In Karam v. Cty. of Rensselaer, New York, 13-cv-1018, 2016 WL 51252 (N.D.N.Y. Jan. 4, 2016), the court (among other things) granted defendants’ motion dismissing plaintiff’s claim that he was subjected to a hostile work environment claim based on his Arab ancestry. It explained: [O]nly two statements concerning Plaintiff’s ancestry were made within the applicable statute…

Read More Court Dismisses Hostile Work Environment Claim Based on Arab Ancestry
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If a lawsuit is a house, then the complaint is its foundation. Buried in a footnote of Brannon v. City of New York, No. 09CV4335-LTS, 2016 WL 270399 (S.D.N.Y. Jan. 21, 2016) is an important pleading point for employment discrimination cases – namely, that the failure to plead a particular theory of recovery (here, hostile work…

Read More Failure to Plead Hostile Work Environment Results in Dismissal of That Claim
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In a lawsuit filed in Manhattan federal court on January 19, 2016, Mikolaenko v. NYU School of Medicine et al (16-cv-00413), plaintiff – a doctor – asserts (among other things) that her supervisor threatened to give her poor reviews and terminate her unless she had sex with him, propositioned plaintiff for sex, and made inappropriate…

Read More Sexual Harassment Lawsuit Against NYU School of Medicine and Others
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