2021

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In 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 gender-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 Gender-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison
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In Cabrera v Thomas, No. 13472, 2020-04779, 29663/18E, 2021 N.Y. Slip Op. 02060, 2021 WL 1216540 (N.Y.A.D. 1 Dept., Apr. 01, 2021) – a case arising from a multiple-vehicle “chain reaction” car accident – the court affirmed the summary judgment dismissal in favor of the middle vehicle. From the decision: Plaintiffs sustained injuries as a…

Read More Stopped Middle Driver in Chain-Reaction Car Accident Held Not Liable
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In Franklin v. Myth Clothing Co., No. 161482/2019, 2021 WL 743848 (N.Y. Sup Ct, New York County Feb. 24, 2021) – a gender discrimination case – the court determined that the defendants’ motion to dismiss based on documentary evidence (under CPLR 3211(a)(1)) and for failure to state a claim (under CPLR 3211(a)(7)) to a motion…

Read More Gender Discrimination Claim to be Decided on Summary Judgment; Evidence Included Praise of Alleged Harasser by Female Employees
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In Murray v. NYU Langone Hospitals et al, No. 151402/2019, 2021 WL 1204988 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed plaintiff’s discrimination and retaliation claims, but held that plaintiff’s sexual harassment / hostile work environment claim under the New York City Human Rights Law was sufficiently alleged. While this decision…

Read More Sexually Hostile Work Environment Claim Survives Dismissal Against NYU Langone Hospitals Under the NYC Human Rights Law
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In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
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In Francis v. Kings Park Manor, Inc., 2021 WL 1137441 (2d Cir. March 25, 2021), in an en banc decision, the court addressed the following issue: Does a plaintiff state a claim under the Fair Housing Act of 1968 (“FHA”) for intentional discrimination by alleging that his landlord failed to respond to reports of race-based harassment by…

Read More Second Circuit Affirms Dismissal of Tenant-on-Tenant Racial Harassment Case Under the Fair Housing Act
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In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
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In Cascalenda v. City of New York, No. 157807/2020, 2021 WL 1156597 (N.Y. Sup Ct, New York County Mar. 26, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination, hostile work environment, and constructive discharge. The facts, as summarized by the court: Plaintiff began his employment with the New…

Read More NYPD Employee’s Medical Marijuana-Related Discrimination Claims Survive Dismissal
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A new law, effective March 12, 2021, provides leave time for employees to obtain a COVID-19 vaccination. Specifically, this legislation, inter alia, adds new Section 196-c to the New York Labor Law. That section provides: § 196-c. Leave time for COVID-19 vaccination, NY LABOR § 196-c 1. Every employee shall be provided a paid leave…

Read More New NY Law Provides Leave Time For COVID-19 Vaccination
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In Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender-Based Hostile Work Environment Claim Against Weill Cornell Medical College Survives Summary Judgment
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