In 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 VuittonA recent district court decision, Patrick v. Garlick, No. 13-CV-6365L, 2014 WL 6883634 (W.D.N.Y. Dec. 4, 2014), explains the differences between federal and state anti-discrimination law regarding individual liability of the alleged harasser. There, plaintiffs, employees of Seneca Lake State Park, sued Steve Garlick (the park’s branch manager and the plaintiffs’ supervisor), alleging that Garlick subjected them…
Read More Court Explains Individual Liability Under State Human Rights LawIn Rivera v. Balter Sales Co. (decided 12/1/14), the Southern District of New York held that plaintiff sufficiently alleged claims for aiding and abetting discriminatory conduct (under the New York State Human Rights Law) and false arrest. What is interesting about this case is that plaintiff sued not only her former employer, but also the…
Read More Fired Plaintiff Sufficiently Alleges “Aiding and Abetting” Claim Arising From Retaliatory ArrestIn Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…
Read More Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination StatutesIn Verga v. Emergency Ambulance Service Inc. et al, the Eastern District of New York denied defendants’ motion for summary judgment on his retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff, an EMT, alleged that he was fired after complaining about sexual…
Read More Court Finds Sufficient Evidence (at the Summary Judgment Stage) of “But For” Causation in Title VII Retaliation CaseIn Nelson v. Vigorito, the Appellate Division, Second Department affirmed the denial of summary judgment to defendants on plaintiff’s claim of sexual harassment based on a hostile work environment under the New York State Human Rights Law. Here are the facts, as summarized by the court: The plaintiff, a former employee of the defendant Security…
Read More Sexual Harassment/Hostile Work Environment Claims Continue Against Long Island Car DealershipIn 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 ClaimsHere 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 Parra v. City of White Plains (decided Sept. 4, 2014), the Southern District of New York held that plaintiff plausibly alleged some, but not other, claims of discrimination. Plaintiff, a Hispanic female police officer, alleged that defendants subjected her to a hostile work environment based on sexual harassment, retaliated against her for complaining about the…
Read More Pairing Harassment Victim With Harassers Was Unreasonable, Supporting Vicarious Liability in Police Officer’s Sexual Harassment/Hostile Work Environment Case