Judge: J. Paul Oetken

by

In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
Share This:
by

In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
Share This:
by

In Bell v. McRoberts Protective Agency, No. 15-CV-0963 (JPO), 2016 WL 1688786 (S.D.N.Y. Apr. 25, 2016), the court held that plaintiff failed to sufficiently allege race/gender discrimination, retaliation, and hostile work environment claims. The court’s explanation of why the plaintiff’s claims were insufficiently pled is instructive as to what courts look for when evaluating these…

Read More Race/Sex Discrimination, Hostile Work Environment and Retaliation Claims Insufficiently Alleged
Share This:
by

In a recent lawsuit captioned Schultz v. Congregation Shearith Israel of the City of New York et al (SDNY, 15-cv-07473, filed 9/22/15), plaintiff alleges that her employer, described in the complaint as “the oldest Jewish congregation in the United States”, fired plaintiff “immediately after learning that when her Orthodox marriage ceremony was performed, she was also…

Read More Lawsuit Alleges Unlawful Termination by Jewish Congregation for Having Pre-Marital Sex
Share This:
by

In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary…

Read More Court Dismisses Hostile Work Environment Claim Based on “Severe” (but “Isolated”) Remarks
Share This:
by

The Southern District of New York recently denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, hostile work environment, and retaliation against Urban Outfitters. In Swiderski v. Urban Outfitters, 14-cv-6307, 2015 WL 3513088 (SDNY June 4, 2015), the court held that the plaintiff pleaded an actionable hostile work environment claim based on the conduct…

Read More Sexual Harassment/Hostile Work Environment Lawsuit (Based in Part on Customer Conduct) Against Urban Outfitters Continues
Share This:
by

In EEOC v. Vamco Sheet Metals Inc, the Southern District of New York held that plaintiff – a proposed intervenor in a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) – may state a claim for discrimination under Title VII where she was allegedly harassed for breastfeeding her baby. From the decision: Title VII…

Read More Discrimination Related to Breastfeeding May Violate Title VII
Share This:
by

In Albin v. LVMH Moet Louis Vuitton, the Southern District of New York held that plaintiff plausibly alleged claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (of which the Pregnancy Discrimination Act is a part), the New York State Human Rights Law, and the New York City Human Rights…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Against Louis Vuitton
Share This:
by

Here is the complaint filed on August 8, 2014 against Urban Outfitters. Plaintiff alleges that she was subjected to sexual harassment by customers and store personnel, constructive discharge, and retaliation. (Update: In a June 9, 2015 decision, the court denied defendant’s motion to dismiss.) From her complaint: From the beginning of Plaintiff’s employment, Defendant [], despite being…

Read More Sexual Harassment Lawsuit Against Urban Outfitters
Share This:
by

Goonan v. Federal Reserve Bank of New York, decided July 22, 2014, illustrates an employer’s obligation to reasonably accommodate employees with known disabilities and to engage in an “interactive process” to determine what accommodation(s) are appropriate. Plaintiff, who worked for the Federal Reserve Bank of New York for 25 years, suffers from Post-Traumatic Stress Disorder…

Read More 9/11-Related PTSD Disability Discrimination Case Continues
Share This: