In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court granted defendants’ motion for summary judgment as to various discrimination claims (including based on plaintiff’s gender, age, and religion), but denied it in part with respect to her FMLA retaliation claim. Here I’ll focus on the court’s…
Read More FMLA Retaliation Claim Survives Summary Judgment (In Part)In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…
Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights LawBoth Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963 prohibit – in addition to discrimination based on specified criteria/characteristics – “retaliation” for engaging in “protected activity”. In certain cases, “protected activity” can be the litigation itself. In the matter of Kerrie Campbell v. Chadbourne & Parke LLP,…
Read More Counterclaim Alleged to be Retaliatory in Gender Discrimination Class Action Lawsuit Against Chadbourne & Parke Law FirmIn a lawsuit filed on January 5, 2017 captioned Heffernan v. Delta Airlines et al (N.Y. Sup. Ct. N.Y. Cty. Index 150092/2017), plaintiffs allege, inter alia, that their “mentor” (Delta employee) Mike Keve exposed himself and masturbated at work and that they were terminated in retaliation for complaining about it, in violation of the New…
Read More Sexual Harassment Lawsuit Against Delta Airlines Features “Masturbating Mentor”In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…
Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” RemarksWe’ve seen one judge warn a lawyer not to call their adversary an “asshole” in private correspondence. Now we have a decision imposing a $4,700 fine/sanction on a lawyer for (e.g.) calling their adversary a “racist” during a deposition. In Scott-Iverson v. Indep. Health Ass’n, Inc., No. 13-CV-451V(F), 2016 WL 7320067 (W.D.N.Y. Dec. 15, 2016), the…
Read More Court Imposes $4,700 Fine on Lawyer For (e.g.) Calling Adversary a “Racist” During Employment Discrimination DepositionIn McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA) claim arising out of her employment as a Human Resources Manager. The court summarized the law applicable to plaintiff’s unequal pay claims under the…
Read More Equal Pay Act Claim Survives Summary Judgment, Continues Against XeroxIn a recently-filed NY Supreme Court lawsuit captioned Salvat v. Construction Resources Corp et al., plaintiff (a female iron worker) asserts, inter alia, that a male employee (Anthony Sango) threatened to tell her fiance that she was speaking to a shop steward, unless she gave him her panties and then photographed her while she was…
Read More Female Construction Worker’s Sexual Harassment Lawsuit Includes Allegation that Male Co-Worker Took Pictures of Her in the BathroomIn Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…
Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation ClaimsIn Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile…
Read More Unasserted Gender Discrimination & Hostile Work Environment Claims Dismissed as Not Administratively Exhausted