Hostile Work Environment

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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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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 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 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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Motta v. Glob. Contract Servs. Inc., No. 15 CIV. 8555 (LGS), 2016 WL 1611489 (S.D.N.Y. Apr. 21, 2016) is instructive on the “aiding and abetting” liability provisions of the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). Plaintiffs worked as call center representatives at Global Contract Services, Inc.…

Read More Access-A-Ride Call Center Employees Fail to Sufficiently Allege “Aiding and Abetting” Discrimination, Sexual Harassment, Hostile Work Environment, and Retaliation Claims Against the NYCTA and MTA
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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…

Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its Owner
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In Glenn v. Fuji Grill Niagara Falls, LLC, No. 14-CV-380S, 2016 WL 1557751 (W.D.N.Y. Apr. 18, 2016), the court discussed whether and to what extent a party who has accepted an “Offer of Judgment” in a Title VII discrimination suit may thereafter seek costs, including attorney fees. The answer, unsurprisingly, turns on the terms of…

Read More Accepted Offer of Judgment Did Not Foreclose Attorney Fees in Discrimination/Hostile Work Environment Case
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In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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The Southern District of New York’s recent decision in Hiralall v. Sentosacare, LLC, No. 13 CIV. 4437 (GBD), 2016 WL 1126530 (S.D.N.Y. Mar. 18, 2016) demonstrates that nepotism – defined here as “favouritism shown to relatives or close friends by those with power or influence” – does not, at least in this case, rise to the…

Read More Nepotism Insufficient to Establish Race/National Origin Discrimination
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