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NY Court of Appeals: Equal Access to Justice Act (EAJA) Permits Award of Attorney Fees to Prevailing Plaintiffs in Actions Against NY State Under the NYS Human Rights Law For Sex Discrimination in Employment By a State Agency

May 13, 2017

In Kimmel v. State, No. 36, 2017 WL 1838940 (N.Y. May 9, 2017), the New York Court of Appeals (the state’s highest court) held that the state Equal Access to Justice Act (EAJA), codified at CPLR Article 86, “permits the award of attorneys’ fees and costs to a prevailing plaintiff in an action against the State […]

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Egyptian Muslim’s Hostile Work Environment Claim Against Astoria Bank Survives Summary Judgment

May 12, 2017

In Ahmed v. Astoria Bank et al, No. 16-1389-CV, 2017 WL 1906726 (2d Cir. May 9, 2017) (Summary Order), the Second Circuit vacated a summary to defendants on plaintiff’s claims that she was subjected to a hostile work environment because she is Egyptian and Muslim, in violation of Title VII of the Civil Rights Act […]

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Facebook Post Calling Supervisor “Nasty Mother Fucker” and Stating “Fuck His Mother and His Entire Fucking Family” Not So “Opprobrious” As to Lose Protection Under the NLRA

May 11, 2017

In Nat’l Labor Relations Bd. v. Pier Sixty, LLC, No. 15-1841-AG (L), 2017 WL 1445028 (2d Cir. Apr. 21, 2017), as amended (May 9, 2017), the Second Circuit upheld a finding of the National Labor Relations Board (NLRB) that an employer improperly terminated an employee in violation of the National Labor Relations Act (NLRA) for […]

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EEOC Consent Decree Entered in Failure-to-Hire Sex Discrimination Case

May 10, 2017

Pursuant to a May 5, 2017 Consent Decree in EEOC v. Special Education Associates (EDNY 17-cv-1791) (a failure-to-hire sex discrimination case), the defendant must pay $57,000 in damages to the underlying complainant, comprising $20,000 in back pay and $37,000 in compensatory damages.[1]The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination […]

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“Corpse Genitalia” Sexual Harassment Case Survives Summary Judgment

May 9, 2017

In Santiago v. Bernard F. Dowd, Inc., 2017 NY Slip Op 30791(U) (NY Sup. Ct. NY Cty. 160442/13, April 18, 2017) (J. Jaffe), the court denied defendant’s motion for summary judgment on plaintiff’s claim of same-sex hostile work environment sexual harassment under the New York City Human Rights Law. Plaintiff, a funeral director, presented evidence […]

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Title VII Sexual Orientation Discrimination Claim Survives Motion to Dismiss

May 8, 2017

In Philpott v. State of New York, No. 16 CIV. 6778 (AKH), 2017 WL 1750398 (S.D.N.Y. May 3, 2017) (J. Hellerstein), the court denied defendant’s motion to dismiss plaintiff’s claims for sexual orientation discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964. From the opinion: [P]laintiff has adequately […]

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Mayor de Blasio Signs Law Prohibiting Salary Inquiries

May 7, 2017

On May 4, 2017, New York City Mayor Bill de Blasio signed Introduction 1253-2016, a Local Law law that prohibits all NYC employers from inquiring about a prospective employee’s salary history. It takes effect 180 days after enactment. The Mayor underscored the purpose of the law, namely, stamping out income inequality: It is unacceptable that […]

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Brooklyn Trial Court Holds that Plaintiff Sufficiently Alleged Hostile Work Environment Sexual Harassment Under the NYS and NYC Human Rights Laws, Intentional Infliction of Emotional Distress, Assault, and Battery

May 6, 2017

In Rudzinski v. Jonathan L. Glashow, MD, PC, No. 502170/16, 2017 WL 1711665 (N.Y. Sup. Ct. May 1, 2017), the court held that plaintiff’s complaint contained sufficient facts to state a cognizable claim for violation of the New York State and City Human Rights Laws for unlawful discrimination and unlawful retaliation, as well as claims […]

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Court of Appeals Clarifies Liability Under the NYS Human Rights Law Regarding Discrimination Based on Criminal Conviction

May 5, 2017

In Griffin v. Sirva, Inc., No. 35, 2017 WL 1712423 (N.Y. May 4, 2017), the New York Court of Appeals addressed three certified questions – posed to it by the U.S. Court of Appeals for the Second Circuit[1]Griffin v. Sirva Inc., 835 F3d 283 (2d Cir. 2016) – regarding liability under the New York State […]

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Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed; Plaintiff and Alleged Comparator Were Not “Similarly Situated”

May 4, 2017

Your employer says you did something wrong and fires you. You think that another co-worker did something similar, but they’re not fired. Is that unlawful discrimination? It might be. In one case, Redfern-Wallace v. Buffalo News, No. 16-3007-CV, 2017 WL 1479285 (2d Cir. Apr. 25, 2017) (Summary Order), it wasn’t. Generally, in order for a comparison […]

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