Employment Discrimination

A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In Szwalla v. Time Warner Cable, LLC, No. 3:13-CV-713 MAD/DEP, 2015 WL 5708538 (N.D.N.Y. Sept. 29, 2015), the court explained and applied the so-called “Faragher-Ellerth” affirmative defense to a hostile work environment claim. In this case, plaintiff (an account executive for the Time Warner defendants) alleged that defendants engaged in sexual harassment, subjected her to a…

Read More Court Applies “Faragher-Ellerth” Defense to Dismiss Plaintiff’s Sexual Harassment/Hostile Work Environment Title VII Claim
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In a recent lawsuit, captioned Anil v. Cipriani USA, Inc. (SDNY 15-cv-7430 filed 9/22/15), plaintiff alleges that while working at Cipriani she was subjected to sexual harassment and a hostile work environment, and retaliation after complaining about the treatment she endured. She alleges, for example, that her immediate supervisor asked plaintiff if she wanted to…

Read More Sexual Harassment Lawsuit Against Cipriani
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…

Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCA
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In Britt v. Thermald Realty I, LP, No. 13 CIV. 8289 KPF, 2015 WL 4922977 (S.D.N.Y. Aug. 18, 2015), the court dismissed the plaintiff’s claims of “quid pro quo” and “hostile work environment” sexual harassment, as well as his retaliation claim. In sum, plaintiff – a superintendent for East Village property owner Thermald Realty – alleged that…

Read More Court Dismisses Superintendent’s Sexual Harassment Claims
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In Stevens v. Rite Aid Corp., No. 6:13-CV-783, 2015 WL 5602949 (N.D.N.Y. Sept. 23, 2015), a disability discrimination case, plaintiff – a pharmacist working for Rite Aid – alleged that defendant violated the Americans with Disabilities Act and the New York State Human Rights Law by discharging him because of his disability (trypanophobia), failing to provide him…

Read More Court Upholds Disability Discrimination Jury Verdict For for Needle-Fearing Pharmacist
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An employee of the Metropolitan Repertory Ballet alleges in a recent lawsuit, Volpe v. Anthony Carmine Paniccioli et al (NY Sup. Ct., NY Cty., Index # 159739/2015, filed 9/21/15), that her boss, defendant Paniccioli, subjected her to sexual assault and sexual harassment and breached an agreement to pay her for her work on a movie…

Read More Sexual Harassment Lawsuit Against Metropolitan Repertory Ballet Board Member/Sponsor
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In Herling v. New York City Dep’t of Educ., No. 13-CV-5287 JG VVP, 2015 WL 5307752 (E.D.N.Y. Sept. 10, 2015), the court denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on his race (white) and religion (Jewish). In an April 23, 2014 Order (which I discussed here) the court denied defendants’ FRCP 12(b)(6)…

Read More White Jewish Teacher Overcomes Summary Judgment on Discrimination Claims
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