Court: NY Supreme NY

In a New York State court lawsuit, captioned Lisser v. Bloomberg L.P. et al (Index No. 155354/2016), plaintiff Elizabeth Lisser alleges (among other things) that her manager – defendant Brian Schuler – “continually directed sexual innuendo and comments towards plaintiff about her figure, weight and appearance, massaged her shoulders, look[ed] down her blouse, [and] direct[ed] texts…

Read More Sexual Harassment Lawsuit Against Bloomberg LP
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In Barone v. Emmis Communications Corp., 2016 Slip Op 31049(U), Index 155032/12 (N.Y. Sup. Ct. June 7, 2016), the court, per Judge Hagler, granted summary judgment to defendants and dismissed plaintiff’s gender discrimination claim under the NYC Human Rights Law. The decision summarizes the legal framework (the two methods, pretext and mixed-motive) for analyzing NYC…

Read More Spousal Jealousy, Not Gender, Was Basis for Termination; Court Dismisses NYC Human Rights Law Discrimination Complaint
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In Edwards v. Nicolai (N.Y. Sup. Ct. 160830/2013 May 13, 2016), NY Supreme Court Judge Shlomo Hagler dismissed plaintiff’s gender discrimination claim under the NYS and NYC Human Rights Laws. In her Amended Complaint, plaintiff Dilek Edwards alleged that she was terminated because of the jealousy of plaintiff’s boss’s wife, namely, that she thought plaintiff was…

Read More Court Dismisses Gender Discrimination Claims Based on Allegation That Plaintiff Was “Too Cute”
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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 McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…

Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation Case
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In an Gottwald v. Sebert (NY Sup. Ct. 653118/2014 April 6, 2016), the court dismissed singer Kesha’s claims against, inter alia, Lukasz Gottwald (professionally known as Dr. Luke). This is a breach of contract action brought by Gottwald, and includes counterclaims asserted by Kesha alleging, among other things, violations of New York City and State statutes…

Read More Court Dismisses Kesha’s Claims Alleging, e.g., Gender Discrimination Under the NYS and NYC Human Rights Laws and Gender-Motivated Violence
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In Matter of Cruz v. Schriro, 2016 NY Slip Op 50363(U) (NY Sup Ct. NY Cty. March 24, 2016), the court held that the petitioner – a probationary NYC Dept. of Correction Correction Officer – sufficiently alleged that he suffered a “disability” under the NYC Human Rights Law and that the respondent failed to accommodate his disability.…

Read More Probationary Corrections Officer Sufficiently Alleges That Rikers Island-Related Hives and Allergic Reactions Constituted a “Disability” Under the NYC Human Rights Law
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In a lawsuit captioned Tomahawk v. 207-215 W 98th St. Condominium et al (NY Sup. Ct. NY Cty. 152509/2016, filed March 23, 2016), the plaintiff – a disabled Native American and Hispanic porter at a Manhattan building – alleges that he was subjected to discrimination based on his disability and Native American heritage. From the…

Read More Disparaging Remarks About Native Americans Alleged in Manhattan Employment Discrimination Lawsuit
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In Defran v. Transp Workers Union of Greater New York AFL-CIO, 2016 WL 740308 (N.Y.Sup.), 2016 N.Y. Slip Op. 30329(U), the court discussed and applied the “joint employer” doctrine in the context of an employment discrimination/sexual harassment/retaliation case. Plaintiff, a bus driver/union member who later became chairperson of her union (TWU/Local 100), alleged that she was…

Read More Plaintiff Sufficiently Alleges “Joint Employer” Status in Hostile Work Environment/Sexual Harassment Case
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