June 2017

In a recently-filed New York state court complaint, captioned Bardiovsky v. Byo Co. d/b/a EN Japanese Brasserie (NY Sup. Ct. NY Cty. 155558/2017 June 19, 2017), plaintiff alleges (inter alia) that “celebrity chef” Abe Hiroki “regularly made sexually suggestive comments to Plaintiff”, “told Plaintiff to touch a vegetable that he said looked like a vibrator”,…

Read More Sexual Harassment Lawsuit Against EN Japanese Brasserie and “Celebrity Chef” Abe Hiroki
Share This:

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was…

Read More Plaintiff Plausibly Alleges “Regarded As” Disability Discrimination Claim Against SUNY
Share This:

In Barone v. Emmis Communications Corp., 2017 NY Slip Op 04787 (App. Div. 1st Dept. June 13, 2017), the court reversed the lower court’s order granting defendants’ motion for summary judgment on her gender discrimination claim. (I wrote about the lower court’s decision here.) The court wrote: As ostensibly nondiscriminatory reasons for terminating plaintiff, defendants pointed to…

Read More Gender Discrimination Claim Survives Summary Judgment; Issues of Fact Existed as to Pretext
Share This:

In Matter of Lozada v. Elmont Hook & Ladder Co. No. 1, 2017 NY Slip Op 04845 (N.Y. App. Div. 2d Dept. June 14, 2017), the court confirmed a determination by the New York State Division of Human Rights (NYSDHR) dismissing plaintiff’s sexual harassment claim as time-barred. The court summarized the law pertaining to administratively-filed hostile…

Read More NYSDHR Hostile Work Environment Sexual Harassment Claim Properly Dismissed as Time-Barred, Court Holds
Share This:

In Wooding v. Winthrop Univ. Hosp., No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017), the court held that plaintiff plausibly alleged a racially hostile work environment. It provides a summary/overview of the pleading standards for this type of claim: To establish a hostile work environment claim under federal and New York State law, a…

Read More Racially Hostile Work Environment Sufficiently Alleged Against Winthrop University Hospital
Share This:

In Irrera v. University of Rochester, No. 16-2004, 2017 WL 2587324 (2d Cir. June 15, 2017), the Second Circuit held that the plaintiff – a piano student at the Eastman School of Music at the University of Rochester – plausibly alleged a claim of retaliation for complaining of sexual harassment by his teacher (defendant Dr.…

Read More 2d Circuit Holds That Piano Student’s Title IX Retaliation Claim, Arising From Rejection of Teacher’s Sexual Advances, Was Plausibly Alleged
Share This:

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
Share This:

From Bailey v. Sunrise Senior Living Mgmt., Inc., No. 16-CV-7184(JS)(GRB), 2017 WL 2371196 (E.D.N.Y. May 31, 2017): Here, although Plaintiff’s Complaint broadly alleges that he was subjected to a religion-based or national origin-based adverse employment action, there are no facts set forth in the Complaint from which the Court could reasonably infer a religious-based, or…

Read More “You Are Not a Christian” Comment Insufficient to Plausibly Allege Title VII Discrimination Based on Religion, National Origin
Share This:

Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…

Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)
Share This:

In a recent filing, petitioner Alexis Berger seeks confirmation under Section 9 of the Federal Arbitration Act (9 U.S.C. sec. 9) of an Arbitrator’s Award – totaling $40,925,284.20 – on her claims of gender discrimination, retaliation, unequal pay, and breach of the implied covenant of good faith and fair dealing against her former employer Kargo…

Read More Former Kargo Global Employee Alexis Berger Seeks to Enforce $40 Million Arbitration Award in Gender Discrimination Case
Share This:
(212) 227-2100