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NYS Human Rights Law

In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the […]

In Ananiadis v. Mediterranean Gyros Prods., Inc., 2017 NY Slip Op 05058 (N.Y. App. Div. 2d Dept. June 21, 2017), the court held that the lower court erred by dismissing plaintiffs’ aiding-and-abetting sexual harassment, and retaliation, claims under the New York State and City Human Rights Laws. The court summarized the plaintiffs’ allegations: The plaintiffs […]

In Matter of Lozada v. Elmont Hook & Ladder Co. No. 1, 2017 NY Slip Op 04845 (N.Y. App. Div. 2d Dept. June 14, 2017), the court confirmed a determination by the New York State Division of Human Rights (NYSDHR) dismissing plaintiff’s sexual harassment claim as time-barred. The court summarized the law pertaining to administratively-filed hostile […]

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile […]

In Berrie v. Bd. of Educ. of Port Chester-Rye Union Free Sch. Dist., No. 14-CV-6416 (CS), 2017 WL 2374363 (S.D.N.Y. May 31, 2017) (J. Seibel), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State […]

In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since […]

In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she […]

Unlike Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws do provide for individual liability in certain circumstances. A recent decision, Popat v. Levy et al, No. 1:15-CV-01052 EAW, 2017 WL 2210762 (W.D.N.Y. May 19, 2017), explains and applies the principles regarding individual liability under the […]

In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following […]

In Hruska v. Bohemian Citizens’ Benevolent Socy. of Astoria, Inc., 2017 NY Slip Op 30423(U) (NY Sup. Ct. NY Cty. 158593/2014 March 2, 2017) – a national origin discrimination and retaliation case – the court granted plaintiff’s motion for leave to reargue (under CPLR 2221(d)(2)) the court dismissal of plaintiff’s retaliation claim under the New York […]