CVS Store Detectives File Race Discrimination Class Action Alleging Forced Racial Profiling of Black and Latino Shoppers

As reported in the NY Times:

"Four former store detectives employed by CVS in New York filed a class-action lawsuit against the drugstore chain on Wednesday, accusing their bosses of ordering them to target black and Hispanic shoppers.

The lawsuit, filed in Federal District Court in Manhattan, also alleged that the detectives were fired after they complained about racial discrimination, against both customers and themselves.

The plaintiffs, all of whom are either black or Hispanic, contend in their suit that two supervisors in CVS’s loss-prevention department, overseeing stores in Manhattan and Queens, regularly told them to racially profile nonwhite shoppers. The suit says that one of the supervisors, Anthony Salvatore, routinely told subordinates that “black people always are the ones that are the thieves,” and that “lots of Hispanic people steal.” The second supervisor, Abdul Selene, frequently advised detectives, known at CVS as market investigators, to “watch the black and Hispanic people to catch more cases,” the suit said." (keep reading)

The Dugger Law Firm, PLLC Has Filed a Sex Discrimination Class Action Against the NYC Department of Education, Principal Rashaunda Shaw, Ast. Principal Dayne McLean, and Ast. Principal Sharon Spann

The Dugger Law Firm, PLLC and The Law Office of Daniela Nanau, P.C. have filed a sex discrimination class action lawsuit against the New York City Department of Education, Globe School for Environmental Research (“Globe”) Principal Rashaunda Shaw, Globe Assistant Principal Dayne McLean, and Globe Assistant Principal Sharon Spann. 

Plaintiff Lisa B. Deleo alleges violations of Title VII, the New York City Human Rights Law, and 42 U.S.C. § 1983.

The amended complaint alleges that Assistant Principal McLean repeatedly sexually harassed Ms. DeLeo, culminating in a confrontation in which Assistant Principal McLean sexually gyrated in front of Ms. DeLeo while she was alone in her office.  In addition, the amended complaint alleges that, following Ms. DeLeo’s complaints of harassment, the New York City Department of Education, Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann retaliated against her because of her complaints.

The amended complaint also alleges that the New York City Department of Education, Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann have created and/or permitted a sexually hostile and retaliatory hostile work environment for non-management female employees at Globe.

Ms. DeLeo seeks certification of a class of all non-management female employees at Globe, from January 2012 through the resolution of the lawsuit, against the New York City Department of Education, as well as Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann in their individual capacities. 

The case is Deleo v. New York City Department of Education, No. 15 Civ. 00591, in the United States District Court for the Southern District of New York.

SDNY Courts Converging Around Liability Only Class Certification?

From David M. McMillan:

In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York recently certified a class as to liability, but rejected certification as to damages.  Fort Worth Employees' Retirement Fund v. J.P. Morgan Chase & Co., — F.R.D. —-, 2014 WL 4840752, 09-3701 (JPO) (S.D.N.Y. Sep. 30, 2014).  Taking a cue from Comcast, the Court held that the predominance requirement for class certification—that "questions of law or fact common to class members predominate over any questions affecting only individual members," see Fed. R. Civ. P. 23(b)(3)—requires plaintiffs to specify a damages methodology that can be utilized for the entire class.  The plaintiffs, investors in certain mortgage-backed securities issued by JP Morgan Chase & Co. and related entities (collectively "JPM"), failed to adequately specify the methodology they planned to use to value the securities at issue.  The Court therefore rejected certification as to damages and placed responsibility on each class member to prove damages on a member-by-member basis.  The Court, however, found that the plaintiffs proved predominance as to liability and certified the class for that limited purpose. (continue reading).