2019

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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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Today, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…

Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights Law
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In a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…

Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Association
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n Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia, denied defendant City’s motion for summary judgment on plaintiff’s employment discrimination and hostile work environment claims.[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader…

Read More NYPD Sergeant’s Hostile Work Environment Claim Survives Summary Judgment
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In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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The phrase “go back to where you came from” – trending in light of the POTUS’ use of the sentiment against four Congresswomen of color – has a long history. The U.S. Equal Employment Opportunity Commission (EEOC) has cited the phrase as indicative of national origin discrimination. Specifically, in a brochure titled “Employment Rights of…

Read More “Go Back to Where You Came From”
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A recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…

Read More Uncivil? Maybe. “Hostile Work Environment”? No.
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In Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…

Read More Race, National Origin Discrimination Under the City Law Survive Summary Judgment
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