Employment Law

In Johnson v IAC/Interactive Corp., 2016 NY Slip Op 31520(U) (NY Sup. Ct. Index No. 155837 /14 Aug. 12, 2016), an employment discrimination case, the court evaluated the parties’ motions to compel discovery (per CPLR 3124) and for sanctions and/or evidence preclusion (per CPLR 3126). The court held, among other things, that plaintiff was entitled to…

Read More Court Orders Discovery Relating to Termination of Similarly-Situated Employees in Gender Discrimination Case

A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke

In Conforti v. Sunbelt Rentals, Inc., No. 15-cv-5045, 2016 WL 4288699 (E.D.N.Y. Aug. 15, 2016), the court held  that the Plaintiff “satisfied the minimal showing required at this motion to dismiss stage to plausibly allege that the Defendant’s decision to terminate her employment … was motivated at least in part by a discriminatory reason.” Judge Spatt…

Read More Replacement By Men, Sexist Comments, Etc. Among Facts That Plausibly Alleged Gender Discrimination

The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during…

Read More Proposed Legislation Aims to Prohibit Salary History Inquiries

In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment

Today, in Vasquez v. Empress Ambulance Service, 15-3239-cv (2d Cir. Aug. 29, 2016), the Second Circuit – in an opinion authored by Judge Calabresi – vacated a lower court’s dismissal of plaintiff’s retaliation claim under Title VII, and explicitly held “that an employer may be held liable for an employee’s animus under a ‘cat’s paw’…

Read More Second Circuit Reinstates Retaliation Claim Based on “Cat’s Paw” Theory

In Rogers v. Bank of New York Mellon, No. 09 CIV. 8551 (HBP), 2016 WL 4362204 (S.D.N.Y. Aug. 15, 2016), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s various claims, including hostile work environment, sexual harassment, and race/color pay discrimination. As to her hostile work environment claim,…

Read More “Crazy Black Bitch” Comment Insufficient to Establish Hostile Work Environment

In a lawsuit filed on August 22, 2016, captioned Tantaros v. Fox News Network et al, Fox News co-host Andrea Tantaros alleges sexual harassment, retaliation, and tortious interference. Among other things, she claims that she suffered retaliation after complaining about Roger Ailes’ inappropriate conduct.

Read More Andrea Tantaros’ Sexual Harassment Lawsuit Against Fox News and Roger Ailes Alleges That Fox News Operates Like a “Sex-Fueled, Playboy Mansion-Like Cult, Steeped in Intimidation, Indecency, and Misogyny”

In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment

In Cohen v. National Grid USA, 2016 NY Slip Op 05786 (App. Div. 2nd Dept. Aug. 17, 2016), the court stated and applied the following employment law principle: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do not constitute enforceable obligations owing from an employer to…

Read More Company Manual Did Not Create Enforceable Right to Severance