Hostile Work Environment

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In a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…

Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger Ailes
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In Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…

Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”
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In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law. The lawsuit is supported by an EEOC finding in…

Read More Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care
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In Godino v. Premier Salons, Ltd., No. 13705/13, 2016 NY Slip Op 05118, 2016 WL 3533532 (N.Y. App. Div. 2d Dept. June 29, 2016), the court affirmed the denial of defendants’ motion to dismiss plaintiff’s complaint alleging age discrimination and hostile work environment. On a motion to dismiss a complaint for failure to state a cause…

Read More Plaintiff Hairstylist Sufficiently Alleges Age Discrimination and Hostile Work Environment; Survives CPLR 3211(a)(7) Motion to Dismiss
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In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the…

Read More Race-Based Hostile Work Environment Claim Survives Under the New York City (But Not New York State) Human Rights Law
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In Hinz v. Vill. of Perry, No. 15-2239-CV, 2016 WL 3435265 (2d Cir. June 20, 2016) (Summary Order), the Second Circuit affirmed the judgment of the district court dismissing his claim thta he was subjected to discrimination based on his alleged disability (Chron’s disease) in violation of Title I of the Americans with Disabilities Act.…

Read More 2nd Circuit Affirms Dismissal of Disability Discrimination Claim; Employer Lacked Knowledge of Alleged Disability (Chron’s Disease)
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In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna…

Read More Court Upholds NYSDHR Sexual Harassment Determination and Award Against Team Taco Mexico And Individual Harasser
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In In re Townsend, No. 15-43411-CEC, 2016 WL 2927522 (Bankr. E.D.N.Y. May 16, 2016), the court granted plaintiff’s motion for summary judgment that a judgment entered on a $450,000 jury verdict in Ganci v. U.S. Limousine Service and Raymond Townsend, EDNY 10-cv-3027, was non-dischargeable under the Bankruptcy Code. The Bankruptcy Code “exempts from discharge any debt for…

Read More Sexual Harassment Judgment Not Dischargeable in Bankruptcy, Court Holds
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In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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