In a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.
Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con EdisonFile this one under “What were they thinking?!?”. When the facts of an employment discrimination case include the terms “Hitler video” and “mandatory conference”, it isn’t difficult to predict how the case is going to turn out. In Orlando v. BNP Paribas N. Am., Inc., No. 14 CIV. 4102 AJP, 2015 WL 6387531 (S.D.N.Y. Oct. 22,…
Read More Hitler/Nazi “Training Video” Supports Hostile Work Environment Claims Under New York State and City Human Rights LawsIn Husser v. New York City Dep’t of Educ., No. 12-CV-6095 MKB JO, 2015 WL 5774741 (E.D.N.Y. Sept. 30, 2015), plaintiff alleged that defendants willfully failed to pay her wages equal to those paid to men for equal work, retaliated against her, and subjected her to a hostile work environment. The court adopted the Magistrate Judge’s Report…
Read More Gender Pay Discrimination and Retaliation, But Not Hostile Work Environment, Claims Survive Summary JudgmentIn a recent lawsuit filed in Bronx Supreme Court, captioned Guzman et al v. Food 2 Lex LLC d/b/a Maialino Restaurant (Index # 25827/2015E), two workers at Danny Meyer’s Gramercy Park restaurant Maialino allege that they were terminated and denied reasonable accommodations (including unpaid leave) because of their pregnancy/pregnancy-related illnesses, in violation of the New York…
Read More Pregnancy Discrimination Lawsuit Against Danny Meyer Restaurant MaialinoIn a recent lawsuit, Kaplan-DiNola v. NYC Dept. of Education, 15-cv-8139 (SDNY filed 10/16/15), elementary school teacher Rosanne Kaplan-DiNola alleges that she is a homosexual female who “has been forced to work in an environment of blatant homophobia and discrimination perpetrated by her immediate supervisors.” She alleges, for example, that defendants berated her for her…
Read More Teacher’s Sexual Orientation Discrimination Lawsuit Against NYC Dept. of EducationThe New York City Human Rights Law is a broad statute that can be of enormous benefit to a plaintiff alleging, for example, employment discrimination, sexual harassment, and retaliation. That is, of course, when it applies. As illustrated by Lambui v. Collins, No. 14-CV-6457 JS AYS, 2015 WL 5821589 (E.D.N.Y. Sept. 30, 2015), the NYCHRL’s…
Read More Court Dismisses Sexual Harassment Lawsuit, Citing NYC Human Rights Law’s Limited Geographic ReachIn Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…
Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination LawIn New York, particularly New York City, employees are protected against discrimination (including sexual harassment and retaliation) by various laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Although these laws are similar in some respects, they differ…
Read More Individual Liability For Sexual Harassment Requires Participation, Court HoldsIn a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…
Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary JudgmentIn Sosa v. Local Staff LLC (14-3704-cv), a Summary Order issued by the Second Circuit on Oct. 9, 2015, the court discussed what constitutes “protected activity” for purposes of asserting a retaliation claim under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law (NYCHRL). In this employment discrimination case,…
Read More Complaint About “You’re So Street” Comment Was Not “Protected Activity”; Retaliation Claim Properly Dismissed