2021

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In Alshami v. The City University of New York, No. 160183/2019, 2021 WL 2226424 (N.Y. Sup Ct, New York County June 02, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Specifically, plaintiff alleges that his co-worker made numerous offensive and derogatory comments about…

Read More Hostile Work Environment Claim Against CUNY Dismissed; Seven Offensive Comments and “Rude” Treatment Held Insufficient
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A recent decision, Brash v. Richards, 2021 NY Slip Op 03436 (N.Y. App. Div. 2nd Dept. June 2, 2021), held that a series of Executive Orders issued by Governor Cuomo in light of the COVID-19 pandemic constitute a “toll”, rather than a “suspension”, of certain filing deadlines. As a result, it held that the appeal…

Read More 2nd Dept.: Executive Orders Are a “Toll”, Not a “Suspension”
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A recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…

Read More “No Wage Theft Loophole Act” Amends New York Labor Law
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In Tirschwell v TCW Group Inc., No. 13923, 150777/18, 2020-03192, M-1286, 2021 N.Y. Slip Op. 03397, 2021 WL 2144858 (N.Y.A.D. 1 Dept., May 27, 2021), the court, inter alia, held that plaintiff’s sexual harassment claim survived summary judgment. From the decision: The City HRL gender discrimination claim (claim 2) was properly sustained as against Ravich…

Read More Gender Discrimination Claim Survives Summary Judgment Against TCW Group et al
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Today is Memorial Day. Originally called Decoration Day, this holiday originated in the years following the Civil War, became a federal holiday in 1971 (see 5 U.S.C § 6103(a) (deeming “Memorial Day” the last Monday in May)), and is intended to honor the men and women who have died during the performance of their military…

Read More Memorial Day 2021
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The U.S. Equal Employment Opportunity Commission – which enforces various anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 – recently issued a Resolution Condemning Violence, Harassment, and Bias Against Jewish Persons in the United States (signed May 26, 2021). It provides, in full: WHEREAS the [EEOC], established by the landmark Civil…

Read More EEOC Issues Resolution Condemning Violence, Harassment, and bias Against Jewish Persons in the United States
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In Riggi v. Charlie Rose Inc., No. 159167/2019, 2021 WL 2141358 (N.Y. Sup Ct, New York County May 21, 2021), the court dismissed plaintiff’s claims asserted under New York Labor Law § 198 claims. Specifically, NYLL § 198-c requires “any employer who is a party to an agreement to pay … benefits or wage supplements…

Read More NY Labor Law Wage Claims Dismissed Against Charlie Rose, Inc. Under Law’s “Professional” Exception
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In Kraiem v. Jonestrading Institutional Services LLC, No. 19-5160, 2021 WL 2134818 (S.D.N.Y. May 26, 2021), the court, inter alia, granted plaintiff’s motion for leave to amend her First Amended Complaint to include an “aiding and abetting” theory of liability against one individual defendant (Mazzullo). From the decision: Plaintiff sufficiently alleges that Mazzullo aided and…

Read More Aiding-and-Abetting Claim Against Individual Defendant Sufficiently Alleged in Hostile Work Environment Sexual Harassment Case
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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…

Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit Authority
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