Race Discrimination Claim Dismissed; Alleged White Comparator Was Not...
In Blair v. N.Y. City Transit Auth., No. 14-CV-5091 (ENV)(PK), 2016 WL 6405900 (E.D.N.Y. Oct. 27, 2016), the court dismissed plaintiff’s claims of gender, age, disability, race, and national origin...
View ArticleFact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL...
In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants.,...
View ArticleUnfair, But Not Unlawful: Court Again Reminds Us of the Limitations of Title VII
In Frederick v. United Bhd. of Carpenters & Joiners of Am., No. 15-1065, 2016 WL 6518812 (2d Cir. Nov. 3, 2016), the Second Circuit reminds us that Title VII of the Civil Rights Act of 1964...
View ArticleDistinguishing Between “Sexual Orientation Discrimination” and “Gender...
In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man,...
View ArticleSexual Harassment Lawsuit Against General Electric Settled
An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016...
View ArticleTitle VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against...
In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying...
View ArticleEEOC Issues Enforcement Guidance on National Origin Discrimination
In today’s political climate, it is more important than ever to protect workers from workplace discrimination, including sexual harassment and discrimination based on protected characteristics such as...
View ArticleTitle VII Retaliation Claim Properly Dismissed; Discipline Per Employer...
A recent decision, Forest v. NYS Office of Mental Health, No. 15-3950, 2016 WL 6917228 (2d Cir. Nov. 23, 2016) (Summary Order), illustrates that not every employer’s action qualifies as an “adverse...
View Article“Equitable Tolling” Does Not Save Time-Barred Discrimination Claims
In Frederick v. JetBlue Airways Corp., No. 16-1373-CV, 2016 WL 6885714 (2d Cir. Nov. 22, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims...
View ArticleSexual Harassment Hostile Work Environment Claim Dismissed; “Inappropriate...
In Ilinca v. Bd. of Coop. Educ. Servs. of Nassau, No. 13-CV-3500(JS)(AYS), 2016 WL 6989780 (E.D.N.Y. Nov. 29, 2016), the court dismissed plaintiff’s sexual harassment (hostile work environment) claim...
View ArticleSexual Harassment (Hostile Work Environment) & Retaliation Claims Properly...
In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work...
View ArticleBullying, Censorship, and Baseless Lawsuit Threats: Dr. Leena Varughese
I really hate bullies. My strong feelings on the topic have inspired me to dedicate my career and law practice to vindicating the rights of the oppressed, the marginalized, and the powerless – often...
View ArticleCourt Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed...
In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted...
View ArticleUnasserted Gender Discrimination & Hostile Work Environment Claims Dismissed...
In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed...
View ArticleArbitration of Employment Discrimination Claim Compelled; Court Rejects...
In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment...
View ArticleReligious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and...
In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex...
View Article2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual...
In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY...
View ArticleCourt Upholds Jury Verdict in “Instagram Planet of the Apes” National Origin...
In Fisher v. Mermaid Manor Home for Adults, LLC, No. 1:14-CV-03461-WFK-JO, 2016 WL 7330554 (E.D.N.Y. Dec. 16, 2016), the court upheld a jury verdict on plaintiff’s race and national origin...
View ArticleEqual Pay Act Claim Survives Summary Judgment, Continues Against Xerox
In McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA)...
View ArticleCourt Imposes $4,700 Fine on Lawyer For (e.g.) Calling Adversary a “Racist”...
We’ve seen one judge warn a lawyer not to call their adversary an “asshole” in private correspondence. Now we have a decision imposing a $4,700 fine/sanction on a lawyer for (e.g.) calling their...
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