Employment Discrimination

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In Brown v. Crowdtwist, the Southern District of New York (Judge Baer) recently denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. The court held that the plaintiff, a 43-year old male, presented sufficient evidence that he was terminated by internet startup technology company Crowdtwist…

Read More Age Discrimination Claim Against Internet Startup Crowdtwist Survives Summary Judgment
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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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Yesterday Mayor de Blasio signed legislation designed to protect interns from discrimination, including sexual harassment. The City Council passed the legislation last month, in the wake of a recent federal court decision, Wang v. Phoenix Satellite Television, which held that interns were not employees under, and hence were not entitled to the protections of, the New York City Human…

Read More Mayor de Blasio Signs Legislation Protecting Interns Against Employment Discrimination and Sexual Harassment
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Below is the federal court complaint, captioned Natasha Velez v. Chipotle Mexican Grill et al., 1:14-cv-02625, filed yesterday by plaintiff Natasha Velez against her former employer Chipotle. Plaintiff alleges that she was fired after disclosing that she was a victim of domestic violence and showing her manager a recently-obtained order of protection against her assailant. She…

Read More Lawsuit: Domestic Violence Victim Status Discrimination Case Against Chipotle
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Below is the complaint recently filed by Victoria Burhans and Chloe Rivera against the State of New York, in light of the Supreme Court’s March 7, 2014 dismissal of their claims against the Assembly of the State of New York. Their claims arise, as before, from the alleged sexual harassment committed by Vito Lopez and condoned by…

Read More Lawsuit: Victoria Burhans and Chloe Rivera’s Sexual Harassment and Hostile Work Environment Lawsuit Against New York State
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In Jacobsen v. New York City Health and Hospitals Corp., 2014 N.Y. Slip Op 2098, the New York Court of Appeals recently held that summary judgment should not have been granted on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. The court held that “both statutes generally preclude summary judgment…

Read More NY Court of Appeals Holds That Issues of Fact as to “Reasonable Accommodation” Preclude Summary Judgment on Disability Discrimination Claims
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A recent decision, Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, addresses the question of who is an “employer” under the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff claims that the defendant law firm unlawfully terminated him as a chauffeur/driver after…

Read More Discrimination Plaintiff Raises Question of Fact as to Whether Law Firm Was His “Employer”
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In Godbolt v Verizon N.Y. Inc., the Appellate Division, First Department affirmed the dismissal of plaintiff’s claims that he was terminated from his employment on the basis of his race and past criminal convictions in violation of the New York State and City Human Rights Laws. “Defendant explained that it terminated plaintiff because he failed to…

Read More Court Holds That “Stray Remarks” Doctrine May Apply to Claims Brought Under the New York City Human Rights Law
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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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