Title VII of the Civil Rights Act of 1964
$4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…
Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination VictimPhysical Education Teacher States Claim for Religious Discrimination Against Department of Education
In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…
Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of EducationWhite Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit
On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…
Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination SuitPlaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…
Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights LawNYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU
Below is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…
Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYUCourt Provides Guidance on Pleading Employment Discrimination Claims
In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…
Read More Court Provides Guidance on Pleading Employment Discrimination ClaimsWorkplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim Dismissed
A recent Southern District decision, James v. NYC Health and Hospitals Corporation, illustrates that the anti-discrimination laws are not a “general civility code” and underscores the critical requirement that, in order to be actionable, any alleged discrimination or harassment must be “because of” a protected characteristic (here, the plaintiff’s sex). Plaintiff, a female Special Officer in…
Read More Workplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim DismissedSDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case
In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…
Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment CaseSecond Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation Claims
In Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…
Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation Claims