Judge Carter

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In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual…

Read More Sexual Harassment Plaintiffs’ Assertion of “Garden Variety” Emotional Distress Damages Does Not Authorize Extensive Medical Discovery
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In Makinen v. City of New York, No. 111CV07535ALCAJP, 2016 WL 880194 (S.D.N.Y. Mar. 1, 2016), the Southern District of New York upheld a jury verdict, largely in plaintiffs NYPD officers’ favor, that defendants them to discrimination based on their perceived disability (here, alcoholism). In sum, plaintiffs, who denied having issues with alcohol, were separately referred…

Read More Court Upholds Jury Verdict of Discrimination Based on Perceived Disability (Alcoholism)
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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The Southern District recently reiterated, in Bermudez v. City of New York, that a plaintiff asserting a hostile work environment claim must show, among other things, “that she found the environment offensive, and that a reasonable person also would have found the environment to be hostile or abusive.” The test, as such, has both subjective and…

Read More Court Explains Why Female NYPD Plaintiff Presented Sufficient Evidence as to the “Subjective” Prong of Her Hostile Work Environment Sexual Harassment Claim
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A federal court recently allowed plaintiff Michael Picarella, a now former HSBC senior vice president, to amend his complaint in his lawsuit against HSBC. The action, currently pending in the Southern District of New York, is captioned Picarella v. HSBC Securities (USA) Inc., 14-cv-04463. In his first amended complaint, filed 8/27/14, plaintiff alleged (among other…

Read More Fired HSBC Executive May Amend Complaint to Assert Retaliatory Termination
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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Here is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.    

Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” Mergermarket
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In Dunn v. URS Corp., 13-cv-6626 (SDNY Jan. 12, 2015), the Southern District of New York held that plaintiff, an African American man, sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that defendants failed to promote him, paid him less than what similarly situated employees received, failed…

Read More Raises Given to Others Supports Race Discrimination Claim
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In a lawsuit captioned Misas v. North Shore-Long Island Jewish Health System and Julio Cardoza, SDNY 14-cv-8787 (filed Nov. 4, 2014), plaintiffs allege that defendants North Shore-Long Island Jewish Health System and Julio Cardoza subjected them to harassment, discrimination, a hostile work environment and retaliation. They assert, for example, that a supervisor told one plaintiff…

Read More Sausages, Pornography, Witchcraft, and Spanking: Sexual Harassment Lawsuit Against Lenox Hill Hospital
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