In 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’ OwnerHere is the complaint recently filed by NYPD Scuba Unit member Oscar Smith against the City of New York, captioned Smith v. City of New York et al., 14-cv-07945. Plaintiff alleges, among other things, discrimination based on his race, gender (due to gender stereotypes), perceived sexual orientation, and retaliation.
Read More Discrimination Lawsuit by NYPD Scuba Unit MemberHere and below is the gender discrimination lawsuit filed on 9/23/14 by former contract partner Jodi Ritter against law firm Wilson Elser Moskowitz Edelman & Dicker LLP. Plaintiff alleges, for example, that she “was regularly exposed to differential treatment and a persistent hostile and abusive work environment because of her sex and the gender stereotypes perpetrated…
Read More Attorney’s Gender Discrimination Lawsuit Against Law Firm Wilson ElserSantiago v. Dept. of Education illustrates that in an employment discrimination case, the plaintiff must plausibly allege an “adverse employment action.” The quintessential “adverse employment action” is, of course, termination. However, other actions short of termination may qualify. Plaintiff – an itinerant attendance teacher – alleged disparate treatment and a hostile work environment under the…
Read More Employment Discrimination Lawsuit Dismissed; No “Adverse Action”Here is the complaint recently filed by Mets executive Leigh Castergine against Sterling Mets Front Office LLC and Chief Operating Officer Jeffrey Wilpon. Plaintiff alleges that she was discriminated against by Wilpon because she had a child without being married (a practice Wilpon was “morally opposed to”), and then fired for complaining about discrimination.
Read More Mets Executive Alleges She Was Fired For Out-of-Wedlock PregnancyIn a recently-filed complaint, five plaintiffs allege that they were subject to discrimination and a hostile work environment based on their race and disabilities while employed by Levy Premium Foodservice Limited Partnership, which provides food and catering services for Brooklyn Events Center, d/b/a Barclays Center. Plaintiffs (who are black) allege that defendants subjected plaintiffs to…
Read More Lawsuit Alleging Race and Disability Discrimination Against Barclays Center