Workplace harassment occurs in a variety of forms and contexts; it is impossible to identify all of the factual permutations that might give rise to an actionable employment discrimination/hostile work environment claim. One form in which harassment, or “hostile work environment”, claims arise is when the victim/plaintiff is directly targeted – e.g., misogynistic or racial comments made…
Read More “Second-Hand” HarassmentThe purpose of a “demand letter” – the proverbial “shot across the bow” – in legal matters generally and employment discrimination matters specifically is, in sum, to (1) alert the target (in an employment discrimination case, the employer) to the existence of a legal issue, (2) express an interest in attempting to resolve it (typically…
Read More The Employment Discrimination Demand LetterSexual harassment may occur in a variety of contexts, including in the employment, educational, and – as I will discuss here – the housing context. The New York City Human Rights Law, inter alia, makes it an “unlawful discriminatory practice” for owners and lessors “because of” the “actual or perceived” gender of any person to…
Read More Can I Sue My NYC Landlord For Sexual Harassment?Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Generally, in the New York Supreme Court – which, contrary to what its name implies, is the lowest trial-level court in the state court system – the…
Read More The “Preliminary Conference” in New York PracticeThe so-called “Jackson Affidavit” – named after a First Department case, Jackson v. City of New York, 185 A.D.2d 768, 586 N.Y.S.2d 952 (1st Dept. 1992) – is frequently used in New York state court litigation to, in sum, confirm that documents requested as part of discovery have been searched for and not found. Jackson…
Read More The “Jackson Affidavit” in New York PracticeRetaliation, in the employment discrimination context, has a very specific meaning – namely, subjecting an employee to one or more “adverse employment actions” because the employee engaged in “protected activity.” Frequently, retaliation occurs during the course of employment. But what about retaliation after the employee has left the employer? Courts recognize that “Title VII prohibits…
Read More Post-Employment Retaliation; “Blacklisting”In employment law, a “constructive discharge” occurs when an employer intentionally creates an intolerable work atmosphere that forces the plaintiff to quit involuntarily. See Andersen v. Rochester City Sch. Dist., 481 Fed.Appx. 628, 632 (2d Cir.2012); see also Walsh v. Scarsdale Union Free School District, 2019 WL 1316486 (S.D.N.Y. 2019) (“In addition to an objectively…
Read More Threats of Termination & Constructive DischargeOne type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…
Read More “Negligent Security” Premises Liability Claims in New YorkGenerally, the anti-discrimination laws – such as Title VII of the Civil Rights Act of 1964 – prohibit discrimination against employees and applicants based on certain protected characteristics (as in the case of Title VII, race, color, religion, sex, and national origin). That said, there exists a (limited) exception, where such a characteristic is…
Read More The “Bona Fide Occupational Qualification” (“BFOQ”) in Employment LawEmployment discrimination cases are often resolved by settlement – i.e., a negotiated agreement for the parties to discontinue a case on agreed-upon terms. A settlement can be reached either before or after the commencement of litigation. In many, if not most, cases, the agreement will be reduced to a writing and signed by the parties.…
Read More Settling an Employment Discrimination Case: The Agreement