New York Employment Attorney Blog
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) prohibit discrimination on the basis of sex or gender. Despite the “liberal construction” applied to the interpretation of sex discrimination under the NYSHRL and NYCHRL, a Manhattan Supreme Court held on May 11, 2016, that it does not include terminating an employee because of concerns that the employee is “too cute.”
In Edwards v. Nicolai, 160830/2013, NYLJ 1202758050107, at *1 (Sup., NY, Decided May 11, 2016), Edwards was employed as a yoga and massage therapist by Wall Street Chiropractic and Wellness (“WSCW”) for approximately a year and a half. WSCW was co-owned by Nicolai and his spouse, Adams. According to the complaint, Edwards maintained a strictly professional relationship with Nicolai and had only met Adams once, at a cordial meeting. Approximately two months into Edwards’ employment, Nicolai told her that is wife might become jealous of her because she was “too cute.”
A year and a half after she was hired she received a text message from Adams “out of the blue,” which stated “[y]ou are NOT welcome any longer at Wall Street Chiropractic. DO NOT ever step foot in there again, and stay the [F….] away from my husband and family!!!!!!! And remember I warned you.” The next day Nicolai emailed Edwards, “You are fired and no longer welcome in our office. If you call or try to come back, we will call the police.”