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Pregnancy Discrimination

In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From […]

From Rodriguez v. Zee Brothers, Inc., 2017 WL 2290208 (NY Sup. Ct. Bx Cty. No. 21149/2015E April 20, 2017): In this case, Defendants argue that the sexual harassment cause of action must be dismissed because there is simply no evidence of such harassment. Defendants assert “Plaintiff’s claims do not make clear whether she is proceeding […]

In a recently-filed complaint, captioned Simchi-Levi v. Kobra Int’l d/b/a Nicole Miller (NY Sup. Ct. NY Cty Index 152114/2017, filed Mafch 5, 2017), plaintiff asserts claims of pregnancy discrimination under the New York State and City Human Rights Laws, and a claim of failure to pay earned sick time under the New York City Earned […]

In Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In […]

In a recently-filed lawsuit, captioned Castellanos v. Berkman Capital LLC et al (filed in NY Sup. Ct., Index 159768-2016, 11/18/16), plaintiff asserts claims of gender discrimination, pregnancy discrimination, and sexual harassment against financial lending company Berkman Financial and others, including individual defendants Geoffrey Byruch and Michael Vulcano. Plaintiff alleges, among other things, that she was […]

In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as […]

In Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code […]

Employment discrimination law is statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of, for example, which employees and employers are covered, administrative filing prerequisites, and remedies. Below is a summary (not a complete listing or explanation) of the […]

In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that […]

In a recent New York State court complaint, captioned Prowell v. Advanced Fertility Services, P.C. et al (NY Sup. Ct. NY Cty. 155828/2016, filed July 14, 2016), plaintiff alleges that she was terminated in retaliation for her complaints about pregnancy discrimination, in violation of the New York State and City Human Rights Laws. She asserts claims […]