Joint Employment

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In Dwyer v. Timothy O. Horne, as Acting Administrator of the General Services Administration, 12-cv-1176, 2017 WL 5197234 (E.D.N.Y. Nov. 9, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. This decision provides an overview of…

Read More Security Guard’s Hostile Work Environment / Sexual Harassment Claim Dismissed Against Federal Government; It Was Not Plaintiff’s “Joint Employer”
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In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
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In Brankov v. Hazzard, 2016 NY Slip Op 05778 (App. Div. 1st Dept. Aug. 11, 2016), an employment discrimination case, the court discussed and applied the “joint employer” doctrine to plaintiff’s claims under the New York State and City Human Rights Laws. It affirmed the lower court’s dismissal of plaintiff’s claims against two defendants, because the…

Read More Company Was Not Plaintiff’s “Joint Employer” Under the NY State and City Human Rights Laws
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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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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In St. Jean v. Orient-Express Hotels, decided August 7, 2013, the Southern District of New York explained when an entity that is not the plaintiff’s “direct” employer is nevertheless liable for violations of Title VII of the Civil Rights Act of 1964. The court held that plaintiff adequately alleged that the defendant, while not her…

Read More Recent Decision Clarifies “Joint” and “Single” Employer Liability
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