Aiding and Abetting Discrimination

In a lawsuit filed in New York Supreme Court on April 12, 2016, Malik v. City of New York et al, Index No. 153118/2016, plaintiffs allege that Richard Emery, the Chair of the Civilian Complaint Review Board (CCRB), referred to CCRB Executive Director Mina Malik and another female CCRB employee as “pussies” (which the complaint characterizes…

Read More Misogny and Retaliation Alleged at Civilian Complaint Review Board
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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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 recent gender discrimination lawsuit captioned Consing v. NYC Health & Hospitals Corp. and Zenaida Magnaye-Banzon, EDNY 15-cv-01548 (March 25, 2015), plaintiff, a man, asserts that the defendants failed to hire him because he is male. He asserts, for example (at paragraph 19) that Magnaye-Banzon told him that the position would “not work” for him because…

Read More Anti-Male Gender Discrimination Lawsuit Against NYC Health & Hospitals Corp.
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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In Dillon v. Ned Management, Inc. et al., 13-cv-2622 (EDNY 2/2/15), the Eastern District of New York denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment, aiding and abetting, and retaliation claims. The decision offers a good review of the current state of the law under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Continue Against Ned Management
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In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law
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