New York Employment Lawyer Blog

According to a recent New York Times article, the number of employment discrimination lawsuits filed by New York City employees has been increasing. In comparing the first two terms of the Bloomberg administration with the first two terms of the Giuliani administration, the article states that employment discrimination cases against New York City have increased by 12 percent.

Additionally, the article states that New York City has opted to settle many of its employment discrimination cases rather than defend them in court. The article states that from 2002 to 2009, the city paid over $69 million to settle over 400 employment discrimination cases.

According to the article, “in one six-week period from late 2008 to early 2009, the city paid $300,000 to settle a claim from a male police officer who alleged that his female supervisor had sexually harassed him; $225,000 to settle a sexual harassment claim from a secretary at the Department for the Aging; and a total of $316,500 in seven settlements for grievances stemming from demotions or alleging racial bias and age discrimination.”

The article states that according to Michael A. Cardozo, New York City’s Corporation Counsel, the recent increase in employment discrimination claims could be a result of our “ailing economy, as well as a growing willingness among workers to speak out and seek legal redress.”

The article further notes that New York City’s Equal Employment Practices Commission, which monitors and evaluates the employment practices of city agencies, has lost about half of its auditors, and may be another reason employment discrimination claims against New York City are rising.

Although employment discrimination claims in New York City have increased, the article states that many workplaces have actually eliminated discrimination by enacting special training programs aimed at promoting equal opportunities. The article points out that many workplaces implemented these programs as a result of the nation’s change to its employment discrimination laws in the early 1990’s, which made it easier for workers to bring employment discrimination actions based on race, age, gender, and other protected reasons.

This New York Times article contains additional information as well as the full report.

The EEOC filed a suit on behalf of Rena Flores, who worked as a secretary at the Oakdale Collision Center. The manager of the store allegedly made comments to Flores and other Mexican employees stating that they were “smelly,” “greasy,” and “wetbacks.”

The manager also reportedly made sexually inappropriate comments such as “women should clean the bathrooms, not men,” and “women belong barefoot and pregnant.”

When Flores complained to higher level managers about this manager’s behavior, the company allegedly retaliated against her by terminating her employment. Such a retaliatory action is prohibited by the various human rights laws.

EEOC Regional Attorney William R. Tamayo noted, “All workers have a federally protected right to a workplace free from unlawful discrimination. In addition, workers have the right to report discrimination without fear of reprisal.”

The full press release can be found here.

Mark V. Hurd was forced out of his position as the CEO of Hewlett-Packard yesterday after an investigation revealed “inappropriate conduct.” The investigation did not confirm violations of Hewlett-Packard’s sexual harassment policy. It did, however, reveal that Mr. Hurd had committed a series of indiscretions, including: failing to disclose a personal relationship with Jodie Fisher, an HP marketing consultant, that constituted a conflict of interest, submitting inaccurate expense reports, and misusing company assets.

The investigation demonstrated that Mr. Hurd had a close relationship with Ms. Fisher and often had private dinners with her, which he paid for with company funds. The New York Times estimates that he misrepresented up to $20,000 of personal expenses.

A Queens police officer has filed a sexual harassment suit against the New York City Police Department. She claims that a sergeant had asked her out several times, and when she rejected these advances, she alleges that he retaliated against her. “Almost every day he mentioned my lips, he said he was attracted to my shape and rubbed up against me,” the officer claims.

The tipping point came after an New York City Police Department talent show in which the officer was a participant. During the performance, she had a wardrobe malfunction and her pants accidently slipped off. Subsequently, the alleged perpetrator obtained a copy of the video of the performance and showed it to other officers on a laptop computer.

The officer also claims the New York City Police Department engaged in retaliation, which is illegal under New York employment law. She alleges that management took no action protect her from the sexual harassment and that the offender was allowed to take out his frustration on the youth programs the plaintiff ran - even taking away the police van used to transport kids. The plaintiff was eventually transferred out of the youth officer job. She now hopes to find relief through the judicial system.

The City of New York City will pay a total of $300,000 to two police officers settling a sexual harassment lawsuit filed in connection with their claims of sexual harassment by a male supervisor. An attorney for the Plaintiffs stated, "Although our clients are satisfied that the litigation is over, it is further proof that the once-silent issue of same-sex harassment is on the rise."

The perpetrator of the harassment retired from the New York Police Department following a department trial in which he was found guilty of gesturing toward the officers in sexually suggestive ways and simulating a sexual act in their presence.

Additional information can be found here.