Below is the complaint recently filed by an employee of Capital One Bank for sexual harassment under the New York State and City Human Rights Laws. Plaintiff claims that she was subjected to a sexually hostile work environment, that the company failed to take steps to stop it, and that she was fired for complaining about…
Read More Bankers (Allegedly) Behaving BadlyBelow is the sexual harassment and race discrimination complaint filed by plaintiff Elizabeth Shiflett against Scores Holding Company last Friday. She sues under Title VII and the New York State and City Human Rights Laws. This is one of the relatively few cases in which the Equal Employment Opportunity Commission (EEOC) found reasonable cause to believe…
Read More Sexual Harassment Complaint Against ScoresBelow is the complaint, captioned Burhans and Rivera v. Lopez and Silver, 13 CIV 3870, filed in the Southern District of New York by Victoria Burhans and Chloe Rivera against (former) Assemblyman Vito Lopez and Assembly Speaker Sheldon Silver. Plaintiffs allege violations of the Fourteenth Amendment (through 42 U.S.C. § 1983), the New York State Human…
Read More Federal Sexual Harassment Complaint Against Vito Lopez and Sheldon SilverA recent New York trial court decision again underscores the breadth of the New York City Human Rights Law. The case is Davis v. Phoenix Ancient Art, decided April 22, 2013. There, plaintiff Emily Davis alleged that she was subjected to sexual harassment and constructively discharged. Plaintiff’s allegations: [I]n September 2010, while at an art…
Read More NYC Human Rights Law Claims Continue, While State Human Rights Law Claims FailIn Krause v. Lancer & Loader Group LLC, 40 Misc.3d 385 (Sup. Ct. NY Cty. May 1, 2013), the court confirms that both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) recognize claims of pregnancy discrimination, and that she stated such a claim under both laws.…
Read More Plaintiff States Claim for Pregnancy Discrimination Under the New York State and City Human Rights LawsIn Fattoruso v. Hilton Grand Vacations Co., 12-2405 (2d Cir. May 17, 2013), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under the New York City Human Rights Law. Plaintiff claimed that Hilton violated the NYCHRL by retaliating against him for “raising the issue of his supervisor’s inappropriate relationship with and preferential treatment of…
Read More Second Circuit Rejects Retaliation Claim Under the New York City Human Rights Law; Complaints Re: “Paramour Preference” Not Protected ActivityIn employment discrimination law, the phrase “hostile work environment” has a very specific meaning that does not encompass all circumstances that the word “hostile” might suggest. Courts repeatedly say, for example, that the employment laws do not provide a “general civility code” for the workplace. In addition, as set forth below, in order to be actionable, the…
Read More What is a “Hostile Work Environment”?Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation. The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…
Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To TrialBelow is the text (with some portions edited out due to spatial concerns) of the interview between me and Huffington Post blogger Jincey Lumpkin, a fellow lawyer and Vanderbilt graduate. The full interview can be accessed here. Disclaimer: Nothing below should be considered legal advice and as such should not be relied upon. Furthermore, this may…
Read More Huffington Post Interview On Sexual HarassmentIn Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim. What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…
Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”