Employment Law

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In a recent decision, Perry v. The Lighting Group, LLC, No. 154923/2018, 2021 WL 4553666 (N.Y. Sup Ct, New York County Oct. 01, 2021) – a sex discrimination case – the court discussed the so-called “Standards of Civility” for New York attorneys. Here, the dispute arose – as is typical – in the discovery phase…

Read More Standards of Civility Discussed, Applied in Sex Discrimination Case
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In Ajoku v. New York State Office of Temporary and Disability Assistance, et al., No. 14321, 159104/18, 2020-02370, 2021 N.Y. Slip Op. 05394, 2021 WL 4597024 (N.Y.A.D. 1 Dept., Oct. 07, 2021), the court, inter alia, held that plaintiff sufficiently alleged national origin discrimination under the New York State Human Rights Law, and therefore reinstated…

Read More National Origin Discrimination Claim Reinstated
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In Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), the court held that plaintiff’s unlawful retaliation claim(s) survived summary judgment. From the decision: Plaintiff claims that she establishes a prima facie case for retaliation under the NYSHRL and the NYCHRL (Executive Law…

Read More Retaliation Claim, Based on Opposition to Gender Discrimination, Survives Summary Judgment
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A recent case, Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), illustrates the difference between the New York State Human Rights Law (NYSHRL) and the comparatively-broader New York City Human Rights Law (NYCHRL). Here, the plaintiff’s claims fail under the former but…

Read More Gender Discrimination Claims, Asserted Under the NYC Human Rights Law, Survive Summary Judgment
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In Kilgannon v. Social Security Administration et al, 20-cv-01891, 2021 WL 4523505 (S.D.N.Y. Sept. 30, 2021), the court, inter alia, dismissed plaintiff’s claims of hostile work environment sexual harassment, which were predicated on sexual advances by plaintiff’s co-worker. From the decision: Plaintiff alleges numerous specific, instances of Ms. Borges’s alleged harassing behavior which he claims…

Read More Co-Worker’s Sexual Advances Did Not Constitute an Actionable Hostile Work Environment, Court Holds
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In Simons v. Lee Litigation Group, PLLC et al, No. 151692/2020, 2021 WL 3624940 (N.Y. Sup Ct, New York County Aug. 12, 2021), the court granted plaintiff’s motion for summary judgment against the defendants for breach of contract (settlement agreement). In sum, the parties reached a settlement, the terms of which were memorialized in a…

Read More Settlement Agreement Enforced, Notwithstanding FLSA Provision in Generic Release Provision
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In John Doe v. The City of New York et al, 511209/2020, 2021 N.Y. Slip Op. 50916(U), 2021 WL 4468869 (Sup Ct, Sept. 29, 2021), the court (after largely dismissing plaintiff’s hostile work environment claims) denied plaintiff’s cross-motion to proceed under a pseudonym. While relatively short, the court’s analysis is instructive. It explained: Lastly, the…

Read More Sexual Harassment Plaintiff May Not Proceed Pseudonymously, Court Holds
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In Donnelly v. The New York City and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America et al, 152197/2019, 2021 WL 4494816 (N.Y. Sup Ct, New York County Oct. 01, 2021), the court held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law. In sum, plaintiff…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Sufficiently Alleged Under the NYC Human Rights Law
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In John Doe v. The City of New York et al, 511209/2020, 2021 N.Y. Slip Op. 50916(U), 2021 WL 4468869 (Sup Ct, Sept. 29, 2021), the court held that plaintiff did not sufficiently allege a hostile work environment under the New York State and City Human Rights Laws. Among plaintiff’s allegations were that “he was…

Read More Hostile Work Environment Claims Insufficiently Alleged; Not Enough That Plaintiff “Felt Disrespected”
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In Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…

Read More Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) Comments
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