In Sedhom v SUNY Downstate Med. Ctr., 2018 NY Slip Op 33210(U), 155837/2017 (Sup. Ct. NY Cty. Dec. 13, 2018), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the New York State and City Human Rights Laws. The court noted: Here … Plaintiff has alleged that she was frequently the subject of general…
Read More Age Discrimination Claims Sufficiently Alleged Against SUNYIn McElroy v. The Dept. of Educ. of the City of New York, No. 160689/2017, 2019 WL 132532 (Sup Ct, New York County Jan. 08, 2019), the court (inter alia) denied defendant’s motion to dismiss, as insufficiently alleged, plaintiff’s claim that she was subjected to a “hostile work environment” because of her alleged disability (here, obesity).…
Read More Obesity-Related Hostile Work Environment Claim Survives Dismissal Under NYC Human Rights LawIn Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…
Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court HoldsIn Morrison v. United Parcel Service, Inc., 17-CV-2885, 2019 WL 109401 (S.D.N.Y. Jan. 4, 2019), the court, inter alia, granted defendant UPS’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. From Judge Pauley’s opinion: Even drawing all inferences in Morrison’s favor, he does not establish a pattern of behavior meeting § 1981…
Read More Race-Based Hostile Work Environment Claim Dismissed Against UPSIn Wu v. Jensen-Lewis Co., Inc., 2018 WL 5723122 (S.D.N.Y. Nov. 1, 2018), the court (inter alia) held that the plaintiff plausibly stated a claim for public accommodation discrimination. Plaintiff, who is legally blind, asserted that defendants’ website is not compliant with federal law (the Americans with Disabilities Act) because it was not fully and…
Read More Website-Accessibility Disability Discrimination Plausibly Alleged, Court FindsThe recently-released “On the Basis of Sex” – which chronicles the early professional life of liberal icon Ruth Bader Ginsburg – is centered on Justice Ginsburg’s involvement with a litigation that set the stage for the legal battle for gender equality. That case – Charles E. Moritz v. Commissioner of Internal Revenue, 469 F.2d 466…
Read More Moritz v. IRS: The Tax Case at the Center of the Ruth Bader Ginsburg Origin StoryIn Walsh v. A.R. Walker & Co., Inc., No. 155009/16, 2018 WL 6505409, 2018 N.Y. Slip Op. 33159(U) (Sup Ct, New York County Dec. 07, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under the New York City Human Rights Law. In this case,…
Read More Sexual Orientation-Based Hostile Work Environment Claim Under the NYC Human Rights Law Survives Summary JudgmentIn Geffner v. Quanta Services, Inc., 2018 WL 6807388 (S.D.N.Y. 2018), the court, inter alia, found that plaintiff failed to state claim(s) of employment discrimination – based, e.g., on his religion – against his supervisor (Austin). The decision is instructive as to how and when individual liability for employment discrimination may be imposed under 42…
Read More Employment Discrimination Claims Not Stated Against Individual Supervisor, SDNY HoldsIn Kopchik v. Town of East Fishkill, New York, 2018 WL 6767369 (2d Cir. Dec. 26, 2018) (Summary Order), the court, inter alia, vacated summary judgment in defendant’s favor on plaintiff’s retaliation claim under the Age Discrimination in Employment Act (ADEA). In sum, plaintiff – the Supervisor of Buildings and Grounds of the Town of East…
Read More ADEA Retaliation Claim Survives DismissalIn Schmitt v Artforum Intl. Mag., Inc., 2018 NY Slip Op 33345(U) (Sup. Ct. NY Cty. Dec. 20, 2018), the court (inter alia) dismissed plaintiff’s retaliation claim under teh NYC Human Rights Law. In sum, plaintiff alleges retaliation by both defendants a violation of the New York City Human Rights Law [Administrative Code of the City…
Read More Retaliation Claim Under NYC Human Rights Law Insufficiently Pled