NYC Human Rights Law – Page 83

April 4, 2015 by mjpospis

Fired HSBC Executive May Amend Complaint to Assert Retaliatory Termination

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…

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April 2, 2015 by mjpospis

Decision Illustrates Breadth of NYC Human Rights Law

A recent Second Department decision, Messana v. Long Is. R.R. Co., 2015 NY Slip Op 01787 (decided March 4, 2015) illustrates the breadth of the New York City Human Rights Law – namely, the relatively high standard that a defendant must meet to secure summary judgment dismissing a claim for disability discrimination and retaliation. In…

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March 24, 2015 by mjpospis

Gender/Sexual Orientation Discrimination Lawsuit Against Law Firm Kaye Scholer

Here is the lawsuit, captioned Bari Zahn v. Kaye Scholer LLP (NYS Sup. Ct. Index No. 152625/2015, March 17, 2015), filed by an attorney against her former employer. Plaintiff alleges, among other things, discrimination based on gender and perceived sexual orientation, as well as retaliation.

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March 23, 2015 by mjpospis

Adverse Unemployment Decision Does Not Preclude Discrimination Claims, Court Holds

In Derrick v. American Intl. Group, Inc. (App. Div. 1st Dept. March 19, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint and denying plaintiff’s motion to amend her complaint. In this case, plaintiff asserts claims for race, national origin, and gender discrimination and harassment. Citing NY…

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March 22, 2015 by mjpospis

Sexual Harassment, Hostile Work Environment, and Retaliation Lawsuit Against Deutsche Bank

In a lawsuit filed against Deutsche Bank, [B.E] v. Deutsche Bank (SDNY 15-cv-01398) (amended complaint), plaintiff alleges (inter alia) that he was subjected to retaliation after complaining about sexual harassment by a gay male co-worker. Below is the complaint:

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March 18, 2015 by mjpospis

Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment

Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

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March 17, 2015 by mjpospis

Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter

More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

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March 14, 2015 by mjpospis

Pregnancy Discrimination Lawsuit Against Cantor Fitzgerald

In a complaint filed in New York State Supreme Court, captioned Cynthia Terrana v. Cantor Fitzgerald & Co. et al. (NY Sup. Ct. 3/6/15, No. 152281-2015), plaintiff alleges that she was subjected to discrimination (termination) based on her pregnancy, in violation of the New York State and City Human Rights Laws. In particular, plaintiff alleges (among…

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March 13, 2015 by mjpospis

Race and Sex Discrimination Lawsuit Against Seiko

Here is the complaint, captioned Kaoru Parker v. Seiko Corporation et al. (NY Sup. Ct. NY Cty. 152365-2015), recently filed by plaintiff Kaoru Parker against Japanese watchmaker Seiko. Plaintiff alleges, among other things, that she was ordered not to appear at work due to her status as a Japanese woman, in violation of the New…

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March 8, 2015 by mjpospis

Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims

In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

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