Taking Care of HR Business
        A blog from the attorneys of Verrill

        Spouse’s “Unjustified Jealousy” is Sufficient to Maintain Sex Discrimination Claim

        by Tawny L. Alvarez on August 24, 2017

        Has your attorney ever told you justice is not swift? Well just ask Yogi Dilek Edwards, she would likely have some general thoughts on the speed of justice. Three and a half years ago we posted that a Manhattan yoga instructor had filed a claim of gender discrimination after she was fired from Wall Street Chiropractic and Wellness clinic for being “too cute.” The Plaintiff’s claim initially was dismissed by the trial court with a finding that a termination that is motivated by spousal jealousy does not constitute sex discrimination. Ms. Edwards appealed the decision to the Appellate Division and on Tuesday, the court found that terminations motivated by sexual attraction generally is prohibited and has remanded the case back to the trial court.

        The decision (Edwards v. Nicolai, No. 4080 160830/13 (N.Y. App. Div. Aug. 22, 2017)), re-alleged the facts of the complaint—specifically that Edwards was employed as a yoga and massage therapist and Nicolai was the head chiropractor and her direct supervisor. Nicolai’s wife, Stephanie Adams, was the Chief Operating Officer. Despite Edwards and Nicolai’s relationship being “purely professional”, Nicolai had stated that his “wife might become jealous of Plaintiff, because Plaintiff was too cute.” Approximately four months into Edwards’ employment she received a text message from Adams stating: “You are NOT welcome any longer at Wall Street Chiropractic, DO NOT ever step foot in there again, and stay the [expletive] away from my husband and family!!!!!!! And remember I warned you.” This was followed by a similarly threatening text from Mr. Nicolai.

        Edwards brought a host of claims including defamation and gender discrimination against Nicolai and Adams individually. The trial court dismissed the gender discrimination claim and the Appellate Court reversed. Specifically, the court found, “[W]hile plaintiff does not allege that she was ever subjected to sexual harassment . . . she alleges facts from which it can be inferred that Nicolai was motivated to discharge her by his desire to appease his wife’s unjustified jealousy, and that Adams was motivated to discharge plaintiff by that same jealousy. Thus, each defendant’s motivation to terminate plaintiff’s employment was sexual in nature.”

        We all know the effects of jealousy generally, but this love story has an interesting interplay with employment law and the legal landscape generally. Verrill Dana will continue to keep readers apprised as the matter progresses. In the meantime, should the envy and jealousy that sometimes accompanies romantic relationships rear their ugly heads in the workplace, make sure you contact a member of Verrill Dana’s Labor and Employment Practice Group before taking adverse action.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...