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…
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…
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…
New York state and federal courts have long disagreed over the application of the New York State and New York City anti-discrimination laws to out of state employees, who claimed employment discrimination by New York based employers. In an attempt to set limits on the geographic scope of the New…
The United States Supreme Court recently ruled that a union could contract away a union member’s rights to pursue a statutory discrimination claim in court. In 14 Penn Plaza L.L.C. v. Pyett, the Supreme Court considered whether a union member with an age discrimination claim under the Age Discrimination Employment…
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 what is being referred to as the largest verdict for an individual case of sexual harassment in New York, a Queens County jury awarded $15 million to a nurse, Janet Bianco, who claimed that a physician, Dr. Matthew Miller, sexually harassed her over an 8 year period. According to…
Under federal law, an employee who seeks to hold an employer liable for a hostile work environment, based upon sex, race, age, national origin, or other protected category, is generally required to show that the hostile work environment or harassment is “severe or pervasive.” Until recently, courts interpreting New York…
Title VII of the Civil Rights Act of 1964 prohibits employers from, among other things, retaliating against any employee who has opposed unlawful employment practices. An employee who speaks out about discrimination on her own initiative is clearly engaged in conduct protected by Title VII. Until recently, however, it was…
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,…