On May 12, 2010, the New York State Senate passed S1823b, a bill to amend the labor law to prohibit abusive work environments. If the bill were to pass scrutiny in the State Assembly, and be signed into law by the Governor, employees in the State of New York would…
Articles Posted in Employment Discrimination
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). Gorzynski, a 54-year-old woman, worked as a customer service agent for JetBlue’s…
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…
Congress Poised to Overturn Supreme Court’s Recent Case on Age Discrimination
Congress is considering legislation overturning a recent Supreme Court decision holding that plaintiffs asserting claims of age discrimination under the Age Discrimination and Employment Act of 1967 (“ADEA”) must prove that age was the “but for” cause of the challenged adverse employment action. The Supreme Court’s decision in Gross v.…
U.S. Court of Appeals for the 2nd Circuit Holds Employer Liable for Age Discrimination Based on its Contractor’s Conduct
On September 10, 2009, the U.S. Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, held that an employer may be held liable for age discrimination based upon the acts of others, including its independent contractors. According to the court, an employer can be held…
Congress Considers Legislation Banning Employment Discrimination on the Basis of Sexual Orientation
The Senate and House are considering legislation to ban employment discrimination on the basis of actual or perceived sexual orientation and gender identity. The Employment Non-Discrimination Act of 2009 is intended to amend Title VII, which currently prohibits discrimination on the basis of sex, race, national origin, religious discrimination. In…
New York State Human Rights Law Amended to Protect Domestic Violence Victims
Recently, Governor David Patterson signed legislation amending the New York State Human Rights Law to prohibit an employer from discriminating against an individual based on his or her status as a victim of domestic violence. This extension of the New York law fills a gap in federal law, which does…
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…
$80 Million Sexual Harassment Suit Filed Against New York Teddy Bear Maker
An assistant marketing manager has sued Steiff, a maker of teddy bears and stuffed animals, and its CEO, claiming that she was sexually harassed by the company’s CEO, which culminated, according to the employee, in a rape. The case was filed in New York State Supreme Court in Manhattan. According…
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…