Sex Discrimination Lawsuit Against Con Edison
In a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of...
View ArticleSecond Circuit: “Hispanic” is a “Race” For Purposes of Federal...
In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which...
View ArticleCourt Dismisses Race Discrimination, Hostile Work Environment Claims Against...
In Brailsford v. Zara USA, Inc., No. 14 CIV. 6999 (LGS), 2016 WL 626560 (S.D.N.Y. Feb. 16, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s employment (race)...
View ArticleCiting Lack of Remarks or Different Treatment, Court Dismisses Mexican...
In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin...
View ArticleDiscrimination Claims Proceed as to Some, But Not All, Alleged Adverse...
In Collazo v. Cty. of Suffolk, No. 12-CV-2196(JS)(GRB), 2016 WL 660856 (E.D.N.Y. Feb. 17, 2016), the court summarized various ways in which a Title VII plaintiff can demonstrate the requisite...
View ArticleHotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge...
In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here,...
View ArticleSexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation...
View ArticleNYS Division of Human Rights Issues Guidance on Sexual Harassment to New York...
The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State]...
View ArticleAssembly Staff Member Sufficiently Alleges § 1983 Sexual Harassment Claim...
In Kennedy v. NYS, 14-CV-990S, NYLJ 1202751641711 (WDNY Mar. 3, 2016), the Western District of New York held that plaintiff – a member of NYS Assembly Member Dennis Gabryszak’s staff – plausibly...
View ArticleVietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing...
In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a...
View ArticleCourt Declines to Extend Title VII to Cover Discrimination Based on Sexual...
In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s...
View ArticleJustice Scalia: Civil Rights Champion?
United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his...
View ArticleMerely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based...
In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment...
View ArticlePregnancy Discrimination Lawsuit Against Procter & Gamble
In a recently-filed Manhattan federal lawsuit, captioned Kantrowitz v. Procter & Gamble, SDNY 16cv02813, plaintiff alleges, among other things: [Plaintiff], a [Procter & Gamble] employee of two...
View ArticleAccepted Offer of Judgment Did Not Foreclose Attorney Fees in...
In Glenn v. Fuji Grill Niagara Falls, LLC, No. 14-CV-380S, 2016 WL 1557751 (W.D.N.Y. Apr. 18, 2016), the court discussed whether and to what extent a party who has accepted an “Offer of Judgment” in a...
View ArticleSexual Harassment, Hostile Work Environment, Sexual Orientation...
In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work...
View ArticleSecond Circuit Reinstates Pregnancy Discrimination Claim in Light of Young v....
This week, in Legg v. Ulster Cty., No. 14-3636, 2016 WL 1637993 (2d Cir. Apr. 26, 2016), the Second Circuit reinstated a pregnancy discrimination claim brought by an Ulster County Corrections Officer....
View Article2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of...
In employment discrimination law, the term “unlawful employment practice” has a very specific meaning. In Cooper v. New York State Department of Labor, 15-3392 (2nd Cir. April 26, 2016), the Second...
View ArticleDenial of Transfer Did Not Amount to an “Adverse Employment Action”
In Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not...
View ArticleTitle VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff...
In 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...
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