New York Employment Attorney Blog

In Gail Kelly v. Howard I. Shapiro & Assocs. Consulting Engineers, P.C., et al., 12-3489-cv, April 26, 2013, the plaintiff filed claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, alleging that an affair that one of her brothers had with another worker in their family business created a sexually hostile work environment, and that following her complaints, both of her brothers retaliated against her. The lower court dismissed both claims, and the plaintiff appealed only the dismissal of her retaliation claims.

Continue reading "U.S. Second Circuit Court of Appeals Upholds Dismissal of Retaliation Claim Made in Connection with "Paramour Preference" Claim" »

In 2005, the New York City Council amended the New York City Human Rights Law ("NYCHRL") to make it clear that courts should construe New York City's anti-discrimination protections more broadly than federal discrimination protections. Under the Local Civil Rights Restoration Act of 2005, the New York City Council alerted courts to their mistaken assumption that interpretations of the NYCHRL should be coextensive with federal and New York State discrimination law. Consequently, courts began construing the NYCHRL much more broadly and in favor of discrimination claimants. Now, the Second Circuit Court of Appeals (which covers New York, Connecticut and Vermont) has confirmed that the NYCHRL is broader in its protections and application.

In Mihalik v. Credit Agricole Cheuvreaux North America Inc. (11-3361-cv) (April 26, 2013) , the Second Circuit reversed a grant of summary judgment in favor of the employer on plaintiff's sexual discrimination, sexual harassment, and retaliation claims. Specifically, the Second Circuit found that the District Court had applied federal standards in determining whether the employer was liable under the NYCHRL

The court summed up its conclusions as follows:

Continue reading "U.S. Second Circuit Court of Appeals Confirms Broader Construction Under New York City Human Rights Law " »

On December 17, 2012, the United States Equal Employment Opportunity Commission ("EEOC") approved its Strategic Enforcement Plan for Fiscal Years 2013-2016 ("SEP"). The SEP establishes priorities and integrates all components of the EEOC's enforcement. In so doing, the SEP adopted the following national priorities:

1- Eliminating Barriers in Recruitment and Hiring. The EEOC intends to target class-based recruitment and hiring practices that discriminate on the basis of race, ethnicity or national origin, religion, age, gender (women), and disability.

2- Protecting Immigrant, Migrant and Other Vulnerable Workers. Among other things, the EEOC intends to target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting those workers who may not be aware of their rights to equal employment opportunity, or are otherwise reluctant to exercise them.

3- Addressing Emerging and Developing Issues.

4- Enforcing Equal Pay Laws. The EEOC will continue to target compensation disparities and practices in the area of gender or sex discrimination.

5- Preserving Access to the Legal System. The EEOC will scrutinize policies and practices that have the effect of discouraging employees from seeking relief under the applicable employment discrimination statutes.

6- Preventing Harassment Through Systemic Enforcement and Targeted Outreach.

Continue reading "EEOC Approves Strategic Enforcement Plan for 2013-2016" »

Following a two-week trial, a jury returned a verdict finding that the employer had subjected a class of female employees to a sexually hostile work environment. The jury awarded compensatory and punitive damages to the class of employees who had been sexually harassed. The court, however, declined to impose injunctive relief to ensure that the sexual harasser would not be in a position to harass women in the future.

The Second Circuit Court of Appeals, which covers New York, Connecticut and Vermont, reversed and held that under the circumstances of the case, injunctive relief was necessary to prevent future sexual harassment.

In Equal Employment Opportunity Commission v. KarenKim, Inc., 11-3309-cv, the Second Circuit determined that the employer had not adopted adequate measures to ensure that the sexual harassment would not recur. The court noted that the sexual harasser and owner of KarenKim were involved in a romantic relationship, which meant that he might still have access to the employees even if he were no longer technically employed as a supervisor. In addition, the court noted that the complaint procedure adopted by KarenKim to prevent future sexual harassment following the lawsuit was ineffective in that it required that complaints be made in writing and within 30 days of the alleged harassment in order to be acted upon. This coupled with the fact that the initial sexual harassment went unchecked for years prompted the Second Circuit to order the New York federal district court to impose the injunctive relief requested by the EEOC.

Despite that employers have become increasingly more aware of blatant employment discrimination in the workplace, pregnancy discrimination continues to thrive. The Huffington Post recently posted an article discussing several pregnancy discrimination cases recently filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). It appears that pregnancy discrimination has become an enforcement priority for the EEOC, which will likely be filing additional cases in the near future.

Middle School Principal Katherine Mulderig filed a sexual discrimination complaint in March 2011 with the Equal Employment Opportunity Commission (EEOC), alleging that Lake Placid, New York School Superintendant, Dr. Randy Richards, made sexually discriminatory comments to her while proposing a job change. Ms. Mulderig plans to file a civil action in federal court in early 2012, based upon the sexual discrimination allegations asserted in her EEOC Charge of Discrimination. According to press reports, Mr. Richards told Ms. Mulderig in February 2011 that he wanted her to switch from middle school principal to elementary school principal because he wanted someone "bitchier to govern the bitchy" female teachers in the school. See Principal Files Discrimination Complaint.

A former Long Island, New York police lieutenant was awarded $350,000 in damages by a jury in her lawsuit filed in the United States District Court for the Eastern District of New York. Sherry Hines was employed by the Village of Hempstead, New York, as a police officer. During her employment, she filed sex and race discrimination complaints. Ultimately, she was passed over for promotions and ultimately demoted to a desk job in retaliation for her complaints.

The Eastern District of New York jury found in her favor after a four day trial, which concluded on October 6, 2011.

In Equal Employment Opportunity Commission v. Bloomberg L.P., No. 07 Civ. 8383 (S.D.N.Y. August 16, 2011), Judge Loretta Preska of the United States District Court for the Southern District of New York, dismissed a claim asserted by the Equal Employment Opportunity Commission ("EEOC") on behalf of 78 claimants alleging that Bloomberg L.P. engaged in a "pattern or practice" of discrimination on the basis of pregnancy and sex. Judge Preska found insufficient evidence to support the EEOC's position that Bloomberg L.P.'s standard operating procedure included pregnancy discrimination.

Continue reading "New York Federal Court Rejects Classwide Discrimination Case Against Bloomberg L.P." »

Yesterday, six current and former employees filed a lawsuit against Citigroup in United States District Court for the Southern District of New York, alleging that the company paid women employees less than male employees. In addition, the lawsuit claims that Citigroup is more apt to lay off qualified women instead of less-qualified men. The sexual discrimination claims raised in the lawsuit are similar to those raised against other financial institutions.

Continue reading "Gender Discrimination Asserted Against Citigroup" »

A lawsuit filed by the United States Equal Employment Opportunity Commission ("EEOC") on September 30th, in federal court, alleges that Fox News retaliated against reporter Catherine Herridge, who had previously complained of sex and age discrimination at the cable news network.

Continue reading "EEOC Sues Fox News for Retaliating Against Reporter Catherine Herridge" »

An administrative complaint was filed against Tyson Fresh Meats ("Tyson") this week, a subsidiary of Tyson Foods Inc. The complaint alleges systemic discrimination against women in Tyson's Illinois plant. The Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") is empowered to assert the complaint based upon Executive Order 11246, which prohibits federal contractors like Tyson, from discriminating on the basis of sex.

Continue reading "Tyson Foods Inc. Subsidiary Sued by U.S. Department of Labor for Sex Discrimination" »

Former Goldman Sachs employees filed a putatitve class action suit yesterday in New York alleging pervasive sex discrimination.

Continue reading "Female Employees Sue Goldman Sachs for Sex Discrimination" »

A recent Temple University finds that pay disparities between women partners and male partners at law firms are not based upon lower productivity, as traditionally believed. In fact, according to the researchers women partners are as productive as their male counterparts. Consequently, the researchers concluded that female partners may earn less, despite their productivity, because of intentional sexual discrimination. The report is entitled, Gender Gap in Law Firm Partner Compensation.

Today, Governor David Patterson signed into law, the New York Domestic Workers Bill of Rights, which reflects the first sweeping domestic workers' rights legislation in the nation.

Among other things, the New York law provides for overtime pay to domestic workers, and protection against workplace discrimination and harassment based upon race, gender, sexual orientation, national origin, disability, marital status and domestic victim status. The legislation specifically addresses sexual harassment, which is cited as a major problem for domestic workers in New York.

On May 19, 2010, after nearly a six week trial, a New York jury awarded a record $250 million in punitive damages, the largest of its kind in a sexual discrimination case, to a class of female sales employees in the U.S. District Court for the Southern District of New York. Last week, the parties reached a settlement agreement of the plaintiffs' sexual discrimination claims in the sum of $152 million.

Continue reading "Novartis Reaches $152 Million Dollar Settlement in Gender Bias Law Suit Filed in New York Federal Court" »

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" »

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" »

A sexual harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Duane Reade Inc., was recently settled for $240,000 and other relief. The lawsuit had alleged that Duane Reade, which operates over 200 drugstores in New York, had unlawfully created and failed to correct a sexually hostile work environment at one of its stores located in Bronx, New York.

Continue reading "New York Drugstore Chain Settles Sexual Harrassment and Retaliation Lawsuit" »

Earlier this week, the United States Supreme Court issued its opinion in AT&T Corp. v. Hulteen, holding that an employer did not violate the Pregnancy Discrimination Act (PDA) through a seniority system for pension and other employee benefits that credited an employee with service while out on disability leave, but only provided partial credits to employees who had taken pregnancy leave.

Continue reading "Supreme Court Finds No Pregnancy or Sex Discrimination Based upon Employer's Prior Pension Credit Policy" »

Last week, a lawsuit was filed in New York State Supreme Court alleging sexual harassment against Southern Hospitality, a New York City restaurant, and its owners, one of whom is Justin Timberlake. The lawsuit was brought by Alison McDaniel, a former restaurant manager, who accuses two of Timberlake's owners of discriminatory conduct.

Continue reading "Celebrity Owned New York Restaurant Sued for Sexual Harassment" »

President Obama signed the Lilly Ledbetter Fair Pay Act on January 29, 2009. It was the first bill signed into law by the new President. As discussed in earlier blogs, the new law amends Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 "to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.”

Continue reading "President Signs Lilly Ledbetter Fair Pay Act of 2009" »

On January 22, 2009, the Senate passed the Lilly Ledbetter Fair Pay Act by a vote of 61-36. In our January 9, 2009 blog posting, we reported that the Senate had passed the identical bill.

Continue reading "Senate Passes Lilly Ledbetter Fair Pay Act" »

The House of Representatives has just passed legislation making it less difficult for employees to sue for wage discrimination. The Ledbetter Bill (H.R. 11) passed by a vote of 247-171 and specifically overturns a Supreme Court case, Ledbetter v. Goodyear Tire & Rubber, Co., Inc., which held that the statute of limitations for filing a wage discrimination case does not begin to run each time a paycheck is issued. The Ledbetter Bill changes this by permitting the statute of limitations to begin anew with each discriminatory paycheck.

Continue reading "Ledbetter Fair Pay Act and Paycheck Fairness Act Pass in House" »

Last fall, the Equal Employment Opportunity Commission (EEOC), filed a pregnancy discrimination claim against Bloomberg LP based upon complaints received from three employees. Since that time, the number of women charging Bloomberg LP with pregnancy discrimination has increased to 72. According to New York Magazine, that number constitutes about one in seven of the employees who became pregnant in the last six years. Although Bloomberg LP referred to the initial filing as a "publicity stunt," the increase in the number of employees alleging sexual discrimination renders that characterization extremely difficult to sustain.

The House of Representatives, reacting to congressional findings, has passed, 247- 178, the Paycheck Fairness Act– which aims to amend the Fair Labor and Standards Act of 1938 (FLSA) to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex. Reacting to findings that pay disparities between sexes have large negative effects on the economy and labor resources, the Paycheck Fairness Act will, if enacted, work toward removing the artificial barriers to the elimination of discrimination in the payment of wages.

Continue reading "Paycheck Fairness Act Passes in House" »

Mauricia Grant, a former employee of NASCAR, filed suit alleging 23 specific instances of sexual harassment, as well as 34 instances of racial and sexual discrimination.

According to Grant, she complained to her supervisors of the discriminatory treatment on multiple occasions, but her complaints were ignored. She alleges in her complaint that her supervisor even participated in the discriminatory conduct. At a press conference, Brian France, NASCAR's CEO, faulted Grant for allegedly not following internal harassment complaint procedures.

The civil action seeks $225 million in damages.