In Hudson v. Merrill Lynch & Co., No. 156706/13, 2016 WL 1453976 (N.Y. App. Div. 1st Dept. Apr. 14, 2016), the court affirmed the dismissal of plaintiffs’ gender discrimination claims, under the NYC Human Rights Law, against Merrill Lynch. The court summarized the law: A motion for summary judgment dismissing a City Human Rights Law…
Read More Gender Discrimination Claim Against Merrill Lynch DismissedIn a complaint captioned Almestica v. The New York Friars Club et al (N.Y. Sup. Ct. Index No. 153986/2016 filed May 11, 2016), plaintiff – a receptionist who worked at the Friars Club’s midtown Manhattan club – alleges, among other things, that Keith Charet (a Friars Club officer) subjected her to sexual harassment – by, e.g.,…
Read More Sexual Harassment Lawsuit Against The Friars ClubIn Imperato v. Otsego Cty. Sheriff’s Dep’t, No. 13-cv-1594, 2016 WL 1466545 (N.D.N.Y. Apr. 14, 2016), the court held that plaintiff submitted sufficient evidence to overcome summary judgment on her sex-based hostile work environment claim. From the decision: Here, while the evidence before the Court is lacking in specifics regarding instances of discriminatory conduct directed toward…
Read More Upstate Corrections Officer Survives Summary Judgment on Gender-Based Hostile Work Environment ClaimIn Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…
Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male WorkersThe NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…
Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement GuidanceIn Hernandez v. Kaisman, 2016 WL 1737263 (N.Y. App. 1st Dept. May 3, 2016), the court affirmed the lower court’s award of attorney fees in the amount of $264,612.50. The New York City Human Rights Law provides for an award of a reasonable attorney fee to the prevailing party. In upholding the fee award in…
Read More Court Explains Decision to Affirm $264,612.50 Attorney Fee Award in Gender Discrimination/Hostile Work Environment CaseIn a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age, race, and gender discrimination against the New York Times. From the complaint: The New York Times, widely touted as the “paper of record,” has…
Read More Age, Race, Gender Discrimination Lawsuit Against the New York TimesIn Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…
Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment CaseIn a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…
Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its OwnerIn an Gottwald v. Sebert (NY Sup. Ct. 653118/2014 April 6, 2016), the court dismissed singer Kesha’s claims against, inter alia, Lukasz Gottwald (professionally known as Dr. Luke). This is a breach of contract action brought by Gottwald, and includes counterclaims asserted by Kesha alleging, among other things, violations of New York City and State statutes…
Read More Court Dismisses Kesha’s Claims Alleging, e.g., Gender Discrimination Under the NYS and NYC Human Rights Laws and Gender-Motivated Violence