In a recently-issued summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s hostile work environment, retaliation, and race, gender, and disability discrimination claims. The case, Solomon v. Southampton Union Free School District, No. 11-3935-cv, 2012 WL 6097357 (Dec. 10, 2012), illustrates yet again…
Read More In Hostile Work Environment Cases, Context CountsLast week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney. Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…
Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law FirmIn a recent case, Chenzira v. Cincinnati Children’s Hospital Med. Ctr., an Ohio federal court found that plaintiff stated a claim for religious discrimination under Title VII of the Civil Rights Act of 1964. Defendant fired plaintiff because plaintiff refused to get a flu shot. Plaintiff alleged that this “violated her religious and philosophical convictions…
Read More Broccoli Worship? Federal Court Finds That Veganism Can Be A “Religion” Under Title VIISeems like a straightforward question, right? It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting. However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…
Read More Who Is A “Supervisor”?In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment. Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…
Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment CaseIn Noel v. New York State Off. of Mental Health Cent. New York Psychiatric Ctr., 10-3483-CV, 2012 WL 3764527 [2d Cir. Aug. 31, 2012], the Second Circuit held that back pay and front pay awards under Title VII of the Civil Rights Act of 1964 are “wages” subject to mandatory tax withholding. From the Court’s…
Read More Second Circuit Holds That Title VII Back and Front Pay Awards Are “Wages” Subject to Tax WithholdingBelow is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources. Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…
Read More Race Discrimination Lawsuit Against MercedesIn MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict UpheldIn Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…
Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego LiabilityIn a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…
Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination Lawsuit