In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second…
Read More Co-Worker’s “N-Word” Use Supports Discrimination ClaimIn Albin v. LVMH Moet Louis Vuitton, the Southern District of New York held that plaintiff plausibly alleged claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (of which the Pregnancy Discrimination Act is a part), the New York State Human Rights Law, and the New York City Human Rights…
Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Against Louis VuittonIn Peralta v. Roros 940, Inc., 72 F. Supp. 3d 385 (E.D.N.Y. 2014), the Eastern District of New York denied defendants’ summary judgment motion as to plaintiff’s discriminatory termination (based on pregnancy) claim, but granted it as to her pregnancy-based hostile work environment claim. The defendant, a FedEx subcontractor, alleged that plaintiff, a delivery driver, was…
Read More Unequal Treatment of Non-Pregnant Co-Workers Supports Pregnancy Discrimination Claim Against FedEx SubcontractorHere is the complaint recently filed by plaintiff Michael Douglas against Bleecker Kitchen & Co. and its co-owner (and owner of Gold Bar) Joshua Berkowitz. Plaintiff – who is bi-racial (mixed Black and Asian Asian ancestry) – asserts, among other things, that Berkowitz made derogatory comments about black people, in violation of the New York City…
Read More Race Discrimination/Hostile Work Environment Lawsuit Against Bleecker Kitchen and Owner Joshua BerkowitzIn 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 HospitalIn Satina v. NYC Human Resources Admin., the Southern District of New York held that plaintiff adequately stated claims for discrimination (unequal pay due to her gender) and retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff…
Read More Court Provides Roadmap For Pleading “Unequal Gender Pay” Discrimination ClaimsIt is arguably the epitome of unfairness: being denied a job because you have no job. To remedy this unfairness, the New York City Human Rights Law was recently amended to add a new provision, NYC Admin. Code 8-107(21), that prohibits discrimination in hiring against the unemployed. The new law provides, in part, that unless…
Read More Lawsuit Alleges Discrimination Based on Unemployment Status Against Solomon-Page GroupHere is the recent employment discrimination lawsuit filed against HSBC, captioned Michael Preston v. HSBC Securities (USA) Inc., 14-cv-8402. Plaintiff alleges, among other things, that he was sexually harassed by a gay co-worker – which involved explicit requests for sexual favors, physically touching and fondling plaintiff, and sexual remarks about plaintiff’s penis – and then fired a…
Read More Sexual Harassment/Hostile Work Environment Lawsuit Against HSBCIn Nankivell v. Ardis Health, LLC, the court denied defendants’ motion to dismiss plaintiff’s claim for sex discrimination and harassment under the New York City Human Rights Law (NYCHRL). The NYCHRL is broader than its federal and state counterparts (Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law,…
Read More Sexual Comments and Conduct Were Not “Petty Slights or Trivial Inconveniences”, Supporting Sexual Harassment/Hostile Work Environment Claim Under NYC Human Rights LawThe Eastern District’s recent decision in Tate v. Rocketball Ltd (decided 9/18/14) provides some insight into how courts assess discrimination claims arising outside the “typical” employer-employee relationship/setting. Plaintiff, a gay male, worked for a restaurant. Part of his job duties included bringing food and drinks to the Houston Rockets’ locker room while they were at Barclays Center…
Read More Waiter’s Sexual Orientation Discrimination/Hostile Work Environment Claims Dismissed Against Non-Employer Houston Rockets’ Owner