In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…
Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…
Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under…
Read More Employment Discrimination Claim Stated Under NYC Human Rights Law Against NYC Health & Hospitals Corp.In Hamilton v. Westchester County et al, No. 20-1058-pr, 2021 WL 2671311 (2d Cir. June 30, 2021), a case brought by an inmate and arising under Title II of the Americans with Disabilities Act (relating to public services, programs, and activities), the Second Circuit held that the term “disability” within the meaning of the ADA…
Read More “Temporary” Injuries May Constitute “Disabilities” Under the Americans With Disabilities Act, Court HoldsIn Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…
Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular BankIn Allen v. Wework Companies, Inc., No. 155130/2020, 2021 WL 2432204 (N.Y. Sup Ct, New York County June 10, 2021), a sexual harassment case, the court granted the defendant’s motion to stay this action and compel arbitration. The court summarized defendant’s position as follows: In support of the motion, defendant notes that, contemporaneously with the…
Read More Sexual Harassment Claims Against WeWork Must Be Arbitrated, Court HoldsIn Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…
Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After InjuryIn Lopez v. New York State Div. of Human Right[s], No. 150760/2021, 2021 WL 2480062 (N.Y. Sup Ct, New York County June 17, 2021), the court denied the petitioner’s CPLR Article 78 petition to overturn an adverse administrative finding on his claim of age discrimination, and granted a cross-motion granting a CPLR 3211 motion to…
Read More Age Discrimination Complaint Dismissed; Article 78 Petition to Overturn NYS Division of Human Rights Determination DeniedIn Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…
Read More Teacher’s Hostile Work Environment Claims DismissedIn Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…
Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone Sufficient