Sex-Based Hostile Work Environment Claim Continues Against J. Walter...
In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile...
View ArticleHostile Work Environment Created by Co-Worker Not Imputable to Entity Employer
In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct...
View ArticleCourt Dismisses State/City Human Rights Law Employment Discrimination Claims...
In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York...
View ArticleAbsence of “Adverse Employment Action” Results in Dismissal of Title VII...
In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under...
View ArticleSurviving Summary Judgment: Sexual Harassment (Hostile Work Environment)
In employment discrimination cases, assuming a plaintiff sufficiently/plausibly alleges one or more claims in their complaint, the next procedural battleground is (usually) “summary judgment”. You can...
View ArticleRetaliation & Hostile Work Environment Claims, Based on Complaints of...
In Baez v. Anne Fontaine USA, Inc., No. 14-CV-6621 (KBF), 2017 WL 57858 (S.D.N.Y. Jan. 5, 2017), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s...
View ArticleCriticism of Work, Failure to Provide Desired Schedule (Etc.) Were Not...
In Green v. Avis Budget Grp., Inc., No. 11-CV-00269V(F), 2017 WL 35452 (W.D.N.Y. Jan. 4, 2017), the court dismissed plaintiff’s employment discrimination (disparate treatment), hostile work...
View ArticleCounterclaim Alleged to be Retaliatory in Gender Discrimination Class Action...
Both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963 prohibit – in addition to discrimination based on specified criteria/characteristics – “retaliation” for engaging in...
View ArticlePenis Graffiti Among Allegations in Sufficiently-Alleged Sex-Based Hostile...
In Kasperek v. N.Y. State, Dep’t of Corr. & Cmty. Supervision, Defendant., 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...
View ArticleSame-Sex Sexual Harassment
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...
View ArticleCelebrating Martin Luther King Jr.
Today 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...
View ArticleLack of Employer-Employee Relationship and Insufficient Number of Employees...
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...
View ArticleLawsuit Alleges Sexual Hazing and Race Discrimination at NY Fire Dept.
Here 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...
View Article2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal...
In 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...
View ArticleCiting Title VII’s Territorial Limitations, Court Dismisses Middle Eastern...
In 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...
View ArticleCiting “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
In 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...
View ArticleCourt Dismisses Contract Law Firm Partner’s Religious & Age Discrimination...
In 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...
View ArticleSexual Harassment Lawsuit by Staten Island Ferry Assistant Captain
Andoos v. City of New York, et al (EDNY 17-cv-00378 filed 1/23/17) Download File (PDF, 1.51MB)
View ArticleCourt Cites and Applies the Doctrine of “Constructive Involuntary Transfer”...
In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended...
View ArticleCourt Dismisses Retaliation Claim; Termination Closely Followed Plaintiff’s...
In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure...
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