May 2016

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In Imperato v. Otsego Cty. Sheriff’s Dep’t, No. 13-cv-1594, 2016 WL 1466545 (N.D.N.Y. Apr. 14, 2016), the court held that plaintiff submitted sufficient evidence to overcome summary judgment on her sex-based hostile work environment claim. From the decision: Here, while the evidence before the Court is lacking in specifics regarding instances of discriminatory conduct directed toward…

Read More Upstate Corrections Officer Survives Summary Judgment on Gender-Based Hostile Work Environment Claim
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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 summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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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 suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…

Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”
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The NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…

Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement Guidance
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In Salem v. Royal Air Maroc, No. 15-CV-5909 (KBF), 2016 WL 1717219, (S.D.N.Y. Apr. 28, 2016), the Southern District of New York dismissed plaintiff’s claims of discrimination occurring in Egypt, arising from conduct by agents of a foreign entity (Royal Air Maroc). Judge Forrest held that “neither federal nor state and local discrimination laws protect [plaintiff] against…

Read More Discrimination Claims Arising From Conduct Outside U.S. Dismissed
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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 Circuit affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here are the (summarized) facts: In December…

Read More 2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of Internal Procedures Was Not an “Unlawful Employment Practice”
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In Hernandez v. Kaisman, 2016 WL 1737263 (N.Y. App. 1st Dept. May 3, 2016), the court affirmed the lower court’s award of attorney fees in the amount of $264,612.50. The New York City Human Rights Law provides for an award of a reasonable attorney fee to the prevailing party. In upholding the fee award in…

Read More Court Explains Decision to Affirm $264,612.50 Attorney Fee Award in Gender Discrimination/Hostile Work Environment Case
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In a recently-filed lawsuit, captioned Mylonas v. Armand Corporation (NY Sup. Ct. NY Cty. Index # 153590/2016), plaintiff asserts claims of disability discrimination under the New York State State and City Human Rights Laws. Plaintiff, a superintendent for the Taft Houses, alleges that he was fired because he took time off from work – after experiencing…

Read More Lawsuit Alleges PTSD Disability Discrimination After Witnessing Fatal Shooting
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In Belton v. Lal Chicken, Inc., 2016 NY Slip Op 03115, 2016 WL 1629367 (N.Y. App. Div. 1st Dept. Apr. 26, 2016), the Appellate Division, First Department upheld a jury verdict of $320,000 for plaintiff on her sexual harassment (hostile work environment) claim under the New York City Human Rights Law. From the decision: Plaintiff…

Read More Court Upholds Sexual Harassment (Hostile Work Environment) Jury Verdict for Plaintiff, Citing Rejection of Unwanted Advances and Lack of “Meaningful” Anti-Discrimination Policy
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