Judge Bianco

In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The…

Read More Eastern District Affirms Non-Dischargeability of Debt Arising From Plaintiff Verdict/Judgment in Sexual Harassment/Hostile Work Environment Case

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

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

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

In 2010, plaintiff Geralyn Ganci alleged, in a federal court complaint against U.S. Limousine Service Ltd. and Raymond Townsend, that she was subjected to hostile work environment and quid pro quo sexual harassment (including in person and by phone calls/text messages) by her boss Raymond Townsend and fired for rejecting his advances. Among the “vile and…

Read More $700,000+ Award in Limousine Company Sexual Harassment Case

In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law

A recent Eastern District decision, Sandvik v. Sears Holding/Sears Home Improvement Products, Inc., illustrates the nature and quantity of evidence necessary to overcome summary judgment in an age discrimination case under the federal Age Discrimination in Employment Act and its state/city law counterparts. Plaintiff – who worked for defendant for 38 years before his departure…

Read More Ageist Comments Support Discrimination Claim Against Sears