ANONYMOUS v. OMNICOM GROUP, INC.

Docket No. 16-748 August Term, 2016.

852 F.3d 195 (2017)

ANONYMOUS, Plaintiff, Matthew Christiansen, Plaintiff-Appellant, v. OMNICOM GROUP, INCORPORATED, DDB Worldwide Communications Group Incorporated, Joe Cianciotto, Peter Hempel, and Chris Brown, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2017.


Attorney(s) appearing for the Case

SUSAN CHANA LASK , Law Offices of Susan Chana Lask, New York, NY, for Plaintiff-Appellant Matthew Christiansen.

HOWARD J. RUBIN ( Shira Franco and Judith Kong , on the brief), Davis & Gilbert LLP, New York, NY, for Defendants-Appellees Omnicom Group Incorporated, DDB Worldwide Communications Group Incorporated, Peter Hempel, and Chris Brown.

RICK OSTROVE , Leeds Brown Law, P.C., Carle Place, NY, for Defendant-Appellee Joe Cianciotto.

BARBARA L. SLOAN , Attorney, Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C. ( P. David Lopez , General Counsel; Jennifer S. Goldstein , Associate General Counsel; and Margo Pave , Assistant General Counsel, Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., on the brief), for Amicus Curiae Equal Employment Opportunity Commission, in support of Plaintiff-Appellant.

Lenora M. Lapidus , Gillian L. Thomas , Ria Tabacco Mar , and Leslie Cooper , American Civil Liberties Union Foundation, New York, NY; Erin Beth Harrist , Robert Hodgson and Christopher Dunn , New York Civil Liberties Union Foundation, New York, NY, for Amici Curiae American Civil Liberties Union; New York Civil Liberties Union; 9to5, National Association of Working Women; A Better Balance; American Association of University Women; California Women's Law Center; Coalition of Labor Union Women; Equal Rights Advocates; Gender Justice; Legal Momentum; Legal Voice; National Association of Women Lawyers; National Partnership for Women and Families; National Women's Law Center; Southwest Women's Law Center; Women Employed; Women's Law Center of Maryland; Women's Law Project, in support of Plaintiff-Appellant.

Peter T. Barbur , Cravath, Swaine & Moore LLP, New York, NY, for Amici Curiae 128 Members of Congress, in support of Plaintiff-Appellant.

Shannon P. Minter and Christopher F. Stoll , National Center for Lesbian Rights, San Francisco, CA, for Amicus Curiae National Center for Lesbian Rights, in support of Plaintiff-Appellant.

Michael D.B. Kavey , Brooklyn, NY; Omar Gonzalez-Pagan , Lambda Legal Defense and Education Fund, Inc., New York, NY; Gregory R. Nevins , Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, for Amicus Curiae Lambda Legal Defense and Education Fund, Inc., in support of Plaintiff-Appellant.

Before: Robert A. Katzmann, Chief Judge, Debra Ann Livingston, Circuit Judge, and Margo K. Brodie, District Judge.


Plaintiff-appellant Matthew Christiansen sued his employer, supervisor, and others affiliated with his company (collectively, "defendants") under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., and state...

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