June 2018

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In Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here,…

Read More Hostile Work Environment Sexual Harassment Claim Against NYC Health & Hospitals Corp. Survives Summary Judgment
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From Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 2018 NY Slip Op 04673 (App. Div. 1st Dept. June 26, 2018): Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for…

Read More Disability Discrimination Awards For Back Pay, Emotional Distress Upheld
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in Tillery v. New York State Office of Alcoholism and Substance Abuse Services, 2018 WL 3098881 (2d Cir. June 25, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disparate treatment, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. As to her disparate treatment claim, plaintiff…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against NYS Office of Alcoholism & Substance Abuse Services
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In a recent decision, Russell v. New York University, 2018 WL 3115795 (C.A.2 June 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim. This case is instructive as to when an alleged harasser’s conduct may be “imputed” to an entity defendant/employer. The law: To prevail on a hostile work…

Read More Alleged Hostile Work Environment Not Imputable to NYU
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named…

Read More Lawsuit: Public Accommodation Discrimination Claim Against Soho House Following Support Dog-Based Ejection
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Today is the 2018 NYC Pride March, which celebrates the LGBT community and commemorates the Stonewall Riots of 1969. Since last year’s March, there have been several interesting developments in the area of LGBT rights. For example, earlier this year the Second Circuit held (en banc) in Zarda v. Altitude Express that Title VII of the…

Read More NYC Pride Parade 2018
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In Melendez v. Cablevision Systems Corp., 17-cv-9161, 2018 WL 2727890 (S.D.N.Y. June 6, 2018), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). While the court deemed plaintiff’s complaint insufficient, it gives an indication as to what allegations might suffice. From the decision: [T]he complaint does not allege, even in…

Read More Disability Discrimination Claim Dismissed Against Cablevision
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In Miller v. News Am., 2018 NY Slip Op 03946 (App. Div. 1st Dept. June 5, 2018), the court affirmed the dismissal of plaintiff’s age discrimination and retaliation under the New York State and City Human Rights Laws. From the decision: Plaintiff minimally established a prima facie case of age discrimination by demonstrating that he was a…

Read More Court Affirms Dismissal of Freelance Photographer’s Age Discrimination and Retaliation Claims
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In Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…

Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 Union
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