Constructive Discharge

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In a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…

Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary Judgment
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In the disturbing case of Lent v. CCNH, Inc. d/b/a Cortland Care Center, 2015 WL 3463433 (NDNY June 1, 2015), the court held that plaintiff sufficiently alleged (hostile work environment) sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged that her co-worker “cornered…

Read More Allegations of Rape by Co-Worker Sufficiently Allege Hostile Work Environment Sexual Harassment
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In a lawsuit filed April 2, 2015 and captioned Lombardi v. CBS Broadcasting, Inc. et al., 15-cv-02516, plaintiff Lombardi asserts various claims against defendant CBS, including gender discrimination, retaliation, constructive discharge, aiding and abetting discrimination, and hostile work environment. Among other allegations, plaintiff (who is male) alleges that at CBS’ December 2013 holiday party, a…

Read More Same-Sex Sexual Harassment Lawsuit Against CBS
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In a Marchuk v. Faruqi & Faruqi (SDNY 1/28/15), a decision issued in the sexual harassment lawsuit brought by Alexandra Marchuk against Faruqi & Faruqi, Juan Monteverde, and others, Southern District of New York Judge Hellerstein addresses defendants’ motion, under Federal Rule of Civil Procedure 50, for Judgment as a Matter of Law (JMOL). Among other…

Read More Decision on Post-Trial Motion in Marchuk v. Faruqi & Faruqi Sexual Harassment Case
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In Nelson v. Vigorito, the Appellate Division, Second Department affirmed the denial of summary judgment to defendants on plaintiff’s claim of sexual harassment based on a hostile work environment under the New York State Human Rights Law. Here are the facts, as summarized by the court: The plaintiff, a former employee of the defendant Security…

Read More Sexual Harassment/Hostile Work Environment Claims Continue Against Long Island Car Dealership
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In Santiesteban v. Nestle Waters North America, Inc. (decided Oct. 15, 2014), the Eastern District of New York denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment (based on religion). As to plaintiff’s discrimination claim, the court held: [T]he comments that “you people are manipulative,” that “Plaintiff manipulated … Cappetta…

Read More Evidence of Derogatory Comments About Jews Leads to Denial of Summary Judgment in Employment Discrimination Case
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Here is the federal lawsuit recently filed by waitress Alexandra Mitropoulous against Avlee Greek Kitchen and its owner, Peter Rogakos. Plaintiff alleges, that she was constructively discharged after being subjected to sexual harassment and battery. For example, she alleges that Rogakos asked her what color underwear she was wearing, pulled her hair, and tried to kiss…

Read More Sexual Harassment Lawsuit Against Avlee Greek Kitchen and Peter Rogakos
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