Court: SDNY

In Doe v. Hagenbeck et al., No. 13 CIV. 2802 AKH, 2015 WL 1611153 (S.D.N.Y. Apr. 13, 2015), the Southern District of New York held that plaintiff, a West Point cadet, sufficiently alleged gender discrimination under the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution. The court cited numerous instances of inappropriate…

Read More West Point Cadet Sufficiently Alleges Equal Protection Gender Discrimination Claim
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In Vangas v. Montefiore Medical Center, 11-cv-6722 (SDNY 4/3/15), the Southern District of New York (among other rulings) upheld a jury verdict that the defendant failed to accommodate the plaintiff’s disability (cancer) in violation of the New York State Human Rights Law. In this disability discrimination case, defendant terminated plaintiff from her position as an analyst…

Read More Court Upholds Jury Verdict That Failure to Allow Work From Home Amounted to Denial of Reasonable Accommodation for Disability
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In a Manhattan federal lawsuit filed on April 8, 2015 and captioned Alexander v. Freelancers Health Service Corporation, SDNY 15-cv-02710, plaintiff alleges that she was subjected to gender discrimination, sexual harassment, a hostile work environment, and retaliation. Specifically, plaintiff alleges (among other things) that her supervisor made sexual comments about plaintiff’s breasts (referring to them as “them double…

Read More Lawsuit Alleges “Musical” Sexual Harassment Resulting in Two Heart Attacks
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The Southern District recently reiterated, in Bermudez v. City of New York, that a plaintiff asserting a hostile work environment claim must show, among other things, “that she found the environment offensive, and that a reasonable person also would have found the environment to be hostile or abusive.” The test, as such, has both subjective and…

Read More Court Explains Why Female NYPD Plaintiff Presented Sufficient Evidence as to the “Subjective” Prong of Her Hostile Work Environment Sexual Harassment Claim
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A federal court recently allowed plaintiff Michael Picarella, a now former HSBC senior vice president, to amend his complaint in his lawsuit against HSBC. The action, currently pending in the Southern District of New York, is captioned Picarella v. HSBC Securities (USA) Inc., 14-cv-04463. In his first amended complaint, filed 8/27/14, plaintiff alleged (among other…

Read More Fired HSBC Executive May Amend Complaint to Assert Retaliatory Termination
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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A recent Southern District of New York decision, Daniel v. T&M Protection Resources LLC (SDNY 13-cv-4384, Feb. 19, 2015), illustrates that even conduct that rises to the level of what may be considered “crude” and “contemptible” may not be (and, in this case, was not) enough to survive summary judgment on a Title VII hostile…

Read More Court Explains That Even “Crude and Contemptible” Conduct May Not Rise to the Level of a Hostile Work Environment
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Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

Read More Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment
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More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

Read More Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter
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