From Budhai v. New York City Dept. of Correction, No. 158407/2019, 2021 WL 1391283 (N.Y. Sup Ct, New York County Apr. 13, 2021): Budhai argues that DOC’s disciplining her for lateness was discrimination because of her caregiver status in violation of NYSHRL and NYCHRL. She alleges she was late to work because she was taking…
Read More Caregiver Status Discrimination Claim Dismissed Against NYC Dept. of CorrectionIn Cephus v. Normakamali, Inc., No. 156176/2020, 2021 WL 1345362 (N.Y. Sup Ct, New York County Apr. 08, 2021), an employment discrimination and retaliation case, the court granted defendant’s motion to compel arbitration. From the decision: In this case, Cephus’ proposed employment discrimination and retaliation claims are subject to arbitration because the provision at issue…
Read More Employment Discrimination and Retaliation Claims Subject to (Unsigned-by-Employer) Arbitration AgreementIn Guida v. Uber Technologies, Inc., No. 152107/2020, 2021 WL 781340, 2021 N.Y. Slip Op. 30573(U) (N.Y. Sup Ct, New York County Mar. 01, 2021), the court dismissed plaintiff’s claims for negligent hiring, supervision, and/or retention – based on plaintiffs’ allegation that that they were harassed and sexually assaulted by the defendant Jianmin Xu, an…
Read More Sexual Assault/Harassment Case Dismissed Against UberIn Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…
Read More Disability Discrimination Claim Survives Dismissal Against the Battery Park City AuthorityIn Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…
Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based PlaintiffIn Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…
Read More Age Discrimination Complaint Sufficiently Alleged Against Battery Park City AuthorityIn Crandall v. Equinox Holdings, Inc., No. 157373/2018, 2021 WL 1253808, 2021 N.Y. Slip Op. 31063(U) (N.Y. Sup Ct, New York County Apr. 05, 2021), a sexual assault case, the court ruled on the plaintiff’s motion to compel discovery. The court summarized the facts, and plaintiff’s motion, as follows: In this case, plaintiff alleges that…
Read More Sexual Assault Plaintiff’s Motion to Compel Granted in PartIn Kohler v. Federal Emergency Management Agency, et al, 17-cv-07839, 2021 WL 1240322 (S.D.N.Y. April 2, 2021), the court, inter alia, ruled against plaintiff on her sex/gender-based hostile work environment claim. The court outlined the legal elements of such a claim: A plaintiff claiming that her employer created or tolerated a hostile work environment based…
Read More Sex-Based Hostile Work Environment Claim Dismissed Against FEMAIn Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…
Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination ComplaintIn Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…
Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison; Slavery Comment Cited