Title VII of the Civil Rights Act of 1964

In Karimian v. Time Equities, Inc., 569 Fed.Appx. 54, 13-997-cv (2d Cir. June 17, 2014) (Summary Order), the Second Circuit affirmed a district court decision granting defendants’ motion for summary judgment as to plaintiff’s hostile work environment, retaliation, and national origin discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964. “In…

Read More Cost-Reduction Measures, and Not Anti-Iranian Discrimination, Justified Termination, Second Circuit Holds
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Below is the complaint filed on June 11, 2014 by the Equal Employment Opportunity Commission against United Health Programs of America, Inc. and Cost Containment Group, Inc. The suit alleges, among other things, that defendants forced employees to engage in practices pursuant to a belief system called “Harnessing Happiness” (commonly known as “Onionhead”), including praying, reading…

Read More “Onionhead” Religious Discrimination Lawsuit
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In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

Read More Sexual Harassment Lawsuit Continues Against Sheldon Silver
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As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…

Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
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In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
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On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…

Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit
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The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…

Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
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Below is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…

Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU
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In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…

Read More Court Provides Guidance on Pleading Employment Discrimination Claims
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