March 3, 2010

New York Federal Appellate Court Rules that Employee Claiming Sexual Harassment May not be Required to Complain to Multiple Managers about Harassment

The plaintiff, Diane Gorzynski, brought forth claims alleging hostile work enviornment, age and sex discrimination, as well as retaliation for complaints of race and age discrimination, against JetBlue, her employer. Gorzynski v. JetBlue Airways, Corp. (February 19, 2010).

Continue reading "New York Federal Appellate Court Rules that Employee Claiming Sexual Harassment May not be Required to Complain to Multiple Managers about Harassment" »

January 7, 2010

EEOC Releases 2009 Charge Statistics

On January 6, 2010, the Equal Employment Opportunity Commission ("EEOC") released data concerning charges of discrimination filed with the agency in FY2009. The EEOC resolved a record number of charges alleging harassment and violations of Title VII of the Civil Rights Act. FY2009 saw the second highest number of charge filings nationwide, 93,277 --just about 2,000 filings less than the record high set for FY2008.

Continue reading "EEOC Releases 2009 Charge Statistics" »

June 30, 2009

U.S. Supreme Court Issues Ruling in "Reverse" Discrimination Case

In Ricci v. DeStefano, (No. 07-1428), a long awaited decision, the United States Supreme Court ruled that the City of New Haven violated Title VII of the Civil Rights Act of 1964 when it discarded the results of civil service examiinations in which African American and Latino firefighters seeking promotion to lieutenant and captain did not fare well. White firefighters had alleged that they had suffered race discrimination when the City discarded their favorable examination results.

Continue reading "U.S. Supreme Court Issues Ruling in "Reverse" Discrimination Case" »

June 6, 2009

New York Hawaiian Tropic Zone Seeks Dismissal of Discrimination Suit

The Associated Press reported today that New York's Hawaiian Tropic Zone restaurant sought to dismiss a race discrimination lawsuit filed by Melody Morales of Brooklyn, New York. Ms. Morales claims that when she tried to get a job as a bikini-clad barmaid, she was told that she did not speak "white" and her language was too "ghetto."

Continue reading "New York Hawaiian Tropic Zone Seeks Dismissal of Discrimination Suit" »

March 31, 2009

Racial Discrimination Found to Exist on New York's Madison Avenue

A recent study has concluded that racial discrimination is 38% worse in the advertising industry than in the overall labor market. In light of the fact that the advertising industry is traditionally perceived to be based in New York City, cases against advertising agencies alleging racial discrimination will undoubtedly increase in New York state and federal courts.

Continue reading "Racial Discrimination Found to Exist on New York's Madison Avenue" »

June 18, 2008

U.S. Supreme Court Holds Employee can Bring Suit for Retaliation under Section 1981

Federal civil rights are useless if they cannot be enforced. Recently, in CBOCS West, Inc. v. Humphries, most of the Supreme Court agreed ruling that employees could bring retaliation claims against their employers under The Civil Rights Act of 1866, 42 U.S.C § 1981 (“Section 1981”). What brings controversy to this decision is that the text of Section 1981 does not state that it includes claims of retaliation for employee complaints of race discrimination.

Continue reading "U.S. Supreme Court Holds Employee can Bring Suit for Retaliation under Section 1981" »