“Crazy Black Bitch” Comment Insufficient to Establish Hostile Work Environment
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...
View ArticleSecond Circuit Reinstates Retaliation Claim Based on “Cat’s Paw” Theory
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...
View ArticleCrass Text Messages to Co-Worker, Not Discrimination, Were Reason For...
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...
View ArticleReplacement By Men, Sexist Comments, Etc. Among Allegations That Plausibly...
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...
View ArticleGender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit “seeks relief on behalf of herself and other female Partners who have been disparately underpaid,...
View ArticleWhat is an “Adverse Employment Action”?
Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between...
View ArticlePolice Officer’s Sexual Harassment / Hostile Work Environment Claim Survives...
In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment...
View ArticleInvitation to “Gun Show” and Other Comments Insufficient to Survive Summary...
In Marquez v. City of New York, 14-CV-8185, 2016 WL 4767577 (SDNY Sept. 12, 2016), the court granted summary judgment to defendant and dismissed plaintiff’s hostile work environment claim. Plaintiff (a...
View ArticleThe Anti-Discrimination Laws (Employment)
Employment discrimination law is spread out across a variety of federal, state, and local statutes. Often these statutes overlap, but whether and to what extent a particular statute applies to a given...
View ArticleForced Penis Touch, Among Other Allegations, Sufficient to Allege Hostile...
In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846, at *1–2 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual...
View ArticleCourt Denies Motion to Consolidate Two Unrelated Employment Discrimination...
In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s...
View ArticleEEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines...
View ArticleTitle VII Race, National Origin Discrimination Claims Insufficiently Alleged
From Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate...
View ArticleTheft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and...
View Article“Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work...
In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a...
View ArticleDays-Late Employment Discrimination Lawsuit Dismissed
In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint...
View ArticleSettlement of Female NYPD Officer Ann Cardenas’ Sexual Harassment Lawsuit
NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer...
View ArticleDiscriminatory Pay & Wrongful Termination Claims Sufficiently Pleaded
In Palmer v. Shchegol, No. 14-cv-4406, 2016 WL 5678544 (E.D.N.Y. Sept. 30, 2016), the court dismissed some, but not all, of plaintiff’s employment discrimination claims. Plaintiff – described in the...
View Article“Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation...
In McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant...
View ArticleSexual Harassment, Including During Company-Themed Halloween Party, Results...
In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,...
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