Sexual Harassment Lawsuit Against Olive Garden
In a recently-filed lawsuit, Baker v. Olive Garden et al., EDNY 17-cv-00392 (filed 1/25/17), plaintiff (an Olive Garden waitress) alleges, inter alia, that she was subjected to sexual harassment –...
View ArticleSexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment;...
From Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017): The Court finds that Plaintiff has raised issues of fact on her hostile work environment...
View ArticleSDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on...
In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s...
View ArticleCourt Dismisses Born Again Christian’s Employment Discrimination, Hostile...
It is an unfortunate reality that many employment discrimination cases are dismissed. These cases are often difficult to prove, and success requires navigating a path riddled with hurdles, ranging from...
View ArticleCourt Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII...
The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural...
View ArticleMale Teacher/Assistant Principal’s Hostile Work Environment Claim Survives...
In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant...
View ArticleState/City Human Rights Law Religion and National Origin Hostile Work...
In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and...
View Article2d Circuit Vacates Title VII Race Discrimination Claim Dismissal
In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a...
View Article2d Circuit Affirms Dismissal of Doctor’s Gender- and Religious-Based...
In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious...
View ArticleSecond Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on...
In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure...
View ArticleSexual Harassment Lawsuit Against the American Museum of Natural History
In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the male plaintiff asserts that he was subjected to retaliation for...
View Article7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under...
The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is...
View ArticleCiting “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race...
In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of...
View ArticleCourt Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex...
In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’...
View ArticleRetaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation...
In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights...
View ArticleSCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in...
In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena...
View ArticleCourt Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender...
In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s...
View ArticleSecond Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff...
View ArticleSexual Harassment / Hostile Work Environment Claim Survives Summary Judgment;...
In Fish v. 1295 Aroxy Cleaners, No. 15-cv-102, 2017 WL 1496244 (N.D.N.Y. Apr. 26, 2017), a sexual harassment hostile work environment case, the court denied defendants’ motion for summary judgment....
View ArticleEmployment Discrimination Claims Dismissed; Complaint Did Not Allege...
In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment...
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