2021

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In November 2020, New York Governor Andrew Cuomo signed into law an update to New York’s anti-SLAPP law that expands the rights and protections of defendants in lawsuits based on their right to free speech. “SLAPP” is an acronym for “Strategic Lawsuit Against Public Participation.” While New York had an anti-SLAPP law on the books for…

Read More Court Applies NY’s Recently-Enhanced Anti-SLAPP Law to Dismiss Defamation Claim Asserted By Queens Doctor
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A recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…

Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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From Thior v. Jetblue Airways Corp., No. 161506/2017, 2021 WL 2165645, 2021 N.Y. Slip Op. 31818(U), 25–26 (N.Y. Sup Ct, New York County May 27, 2021): Plaintiff argues that within a month of commencing this action in late December 2017, having previously brought claims before the EEOC and the federal district court, and within about…

Read More JetBlue Pilot’s Retaliation Claim Under the NYCHRL Survives Dismissal
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In Hay v. New York Media LLC, 20-CV-6135, 2021 WL 2741653 (S.D.N.Y. July 1, 2021), the court discussed and applied the geographic limitations of the New York City Human Rights Law. The plaintiff in this case is Bruce Hay, a professor at Harvard Law School. He brought this lawsuit against the author (Kera Bolonik) and…

Read More MA Professor’s NYC Human Rights Law Sexual Harassment Claim Lacked Geographic Connection to NYC; Leave to Amend Complaint Denied as Futile
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In Bockus v. Maple Pro, Inc., 850 Fed.Appx. 48 (2d Cir. March 19, 2021) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: The complaint alleges that Bockus was terminated because he is a…

Read More “Reverse” Sex Discrimination Claim, Asserted by Male Employee, Properly Dismissed, Second Circuit Holds
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In Bonaffini v. City University of New York and Anne Lopes, 2021 WL 2895688 (E.D.N.Y. July 9, 2021), the court addressed an interesting issue, namely: whether an individual defendant may be liable for discrimination under the New York State and City Human Rights Laws, notwithstanding that their government employer is entitled to sovereign immunity. The…

Read More NYS and NYC Human Rights Law Discrimination Claims May Proceed Against Individual Provost, Notwithstanding CUNY’s Sovereign Immunity
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In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit[1]Note: This firm does not engage in the practice of law, and its owner is not licensed to practice law, in the jurisdiction which issued this decision. held that the federal Fair Housing Act prohibits, as a form of “discrimination,” sexual harassment. The…

Read More Sexual Harassment is Prohibited by the Fair Housing Act, 11th Circuit Holds
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In Rettino v. New York City Department of Education et al, 19-cv-5326, 2021 WL 2987113 (S.D.N.Y. July 15, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court outlined the elements of such a claim as follows: The ADEA’s prohibition of a…

Read More Age-Based Hostile Work Environment Claim Dismissed Against NYC Dept. of Education
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In Melendez v. New York City Transit Authority et al, No. 159390/2013, 2021 WL 2627513 (N.Y. Sup Ct, New York County June 24, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of gender discrimination / sexual harassment. This decision is instructive as to the issue of whether and to…

Read More Gender Discrimination / Sexual Harassment Properly Imputed to NYC Transit Authority Under NYC Human Rights Law, Court Holds
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