2023

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In Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…

Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court Rules
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In a recent case, Louis v. Victor Niederhoffer, 2023 WL 8777015 (S.D.N.Y. Dec. 19, 2023), the court dismissed plaintiff’s claims asserted under the Gender-Motivated Violence Law, N.Y.C. Admin. Code s. 10-1101 et seq. Her complaint describes conduct – including sexual harassment, sexual abuse, and rape – that plaintiff alleges occurred during her employment at Mr.…

Read More Gender-Motivated Violence Law Claims, Based on Alleged Conduct Before Law’s Passage, Dismissed
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In a recent case, Starks v. Metropolitan Transp. Authority, No. 155317/2022, 2023 WL 8035649, 2023 N.Y. Slip Op. 34133(U) (N.Y. Sup Ct, New York County Nov. 17, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/gender discrimination complaint on the ground that it is barred under the “election of remedies” doctrine of…

Read More Dual-Filing With the EEOC and New York State Agency Did Not Trigger Election of Remedies, Court Holds
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In Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…

Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently Alleged
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In Price v. Valvoline, LLC, 2023 WL 8664627 (5th Cir. 2023), the court, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the court held that defendant terminated plaintiff’s employment due to his repeated absenteeism (and thus affirmed the…

Read More Title VII Race-Based Hostile Work Environment Dismissal Affirmed; “Boy” and “You People” Comments Deemed Insufficient in This Case
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In a recent decision, Doe v. Polovets, No. 9521022023, 2023 WL 8623613 (N.Y. Sup Ct, New York County Dec. 08, 2023), the New York State Supreme Court, NY County, denied plaintiff’s motion to proceed anonymously. The court summarized plaintiff’s allegations as follows: Plaintiff alleges, simply put, that defendant Stan Polovets, whom she met through a…

Read More Sexual Assault Plaintiff, in Lawsuit Against Stan Polovets et al, May Not Proceed Anonymously, Judge Engoron Rules
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In Marcus v. The City of New York, No. 152651/2022, 2023 WL 8570843 (N.Y. Sup Ct, New York County Dec. 11, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claim . From the decision: Defendants’ motion to dismiss plaintiffs hostile work environment claim based upon her gender is…

Read More Sex and Disability-Based Hostile Work Environment Claims Sufficiently Alleged by NYPD Sergeant, Court Holds
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In Andrade v. Cultural Care, Inc., Michael Esposito, and Danielle Esposito, 2023 WL 8622653 (E.D.N.Y. Dec. 13, 2023), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims of employment discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. In sum, plaintiff, an au pair,…

Read More Au Pair’s Hostile Work Environment and Constructive Discharge Claims, Arising From Discovery of Hidden Camera, Survive Summary Judgment
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In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
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In Santana v. Yonkers City School District et al, No. 60352/2021, 2023 N.Y. Slip Op. 23386, 2023 WL 8590590 (Sup Ct, Dec. 07, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: As to plaintiff’s…

Read More Yonkers Teacher’s Claims of Race Discrimination and Retaliation Survive Summary Judgment
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