In a recently-filed lawsuit, captioned Andoos v. City of New York, et al (EDNY 17-cv-00378 filed 1/23/17), a Staten Island Ferry Assistant Captain asserts claims of sexual harassment, sex discrimination, and retaliation under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law.
Read More Sexual Harassment Lawsuit by Staten Island Ferry Assistant CaptainIn Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of…
Read More Court Dismisses Contract Law Firm Partner’s Religious & Age Discrimination ClaimsIn Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…
Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination ClaimsIn Boustany v. Xylem, Inc. et al., No. 1:15-CV-10023-GHW, 2017 WL 377939 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s Title VII sexual harassment lawsuit. This case concerns the territorial applicability of Title VII of the Civil Rights Act of 1964. The “black letter” law provides: Title VII’s protections extend to American citizens working abroad. ……
Read More Citing Title VII’s Territorial Limitations, Court Dismisses Middle Eastern Woman’s Sexual Harassment CaseIn Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…
Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination ClaimHere is the recently-filed lawsuit, captioned Springs v. City of New York et al (SDNY 17-cv-00451), in which a black firefighter alleges that he endured sexual hazing and race discrimination. Among other things, plaintiff alleges that one defendant told him “I don’t like you … blacks getting on the job this way. You don’t have good…
Read More Lawsuit Alleges Sexual Hazing and Race Discrimination at NY Fire Dept.In Crean v. 125 West 76th St. Realty Corp., 15-cv-3814, 2017 WL 217948 (S.D.N.Y. Jan. 17, 2017), the court dismissed the employment discrimination claims of plaintiffs (a Manhattan co-op superintendent and his wife). Initially, the court dismissed the wife’s claim because there was no employer-employee relationship between her and the defendants. The law: It goes almost…
Read More Lack of Employer-Employee Relationship and Insufficient Number of Employees Lead Court to Dismiss Employment Discrimination Claims Against Manhattan Co-OpToday is Martin Luther King Jr. Day, a federal holiday that marks the birthday of the civil rights leader, who was assassinated on April 4, 1968. Dr. King was present when President Johnson signed into law the Civil Rights Act of 1964, a federal law that prohibits discrimination in (e.g.) employment (Title VII) and public…
Read More Celebrating Martin Luther King Jr.Title VII of the Civil Rights Act of 1964 makes it an unlawful discriminatory practice for an employer to discriminate against an employee because of (among other protected characteristics) “sex.” The term “sexual harassment” typically conjures up images of a male boss acting inappropriately towards a female subordinate. This is one, but not the only,…
Read More Same-Sex Sexual HarassmentIn Kasperek v. N.Y. State, Dep’t of Corr. & Cmty. Supervision, No. 16-CV-671V, 2017 WL 85426 (W.D.N.Y. Jan. 10, 2017), the court recommended the denial of defendant’s motion to dismiss plaintiff’s claim of sex-based hostile work environment. The facts (in part), as summarized by the court: The events pertaining to this case began on October…
Read More Penis Graffiti Among Allegations in Sufficiently-Alleged Sex-Based Hostile Work Environment Claim