Employment Law

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In Gerald v. DCV Holdings, Inc., et al, 17-CV-6525, 2021 WL 2809915 (E.D.N.Y. July 6, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State Human Rights Law, and…

Read More Race Discrimination Claims Survive Summary Judgment; Court Notes Evidence of Decades-Long Egregious Discrimination, Abuse, and Racist Language
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In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…

Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…

Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for discrimination under…

Read More Employment Discrimination Claim Stated Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…

Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular Bank
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In Allen v. Wework Companies, Inc., No. 155130/2020, 2021 WL 2432204 (N.Y. Sup Ct, New York County June 10, 2021), a sexual harassment case, the court granted the defendant’s motion to stay this action and compel arbitration. The court summarized defendant’s position as follows: In support of the motion, defendant notes that, contemporaneously with the…

Read More Sexual Harassment Claims Against WeWork Must Be Arbitrated, Court Holds
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In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…

Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
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In Lopez v. New York State Div. of Human Right[s], No. 150760/2021, 2021 WL 2480062 (N.Y. Sup Ct, New York County June 17, 2021), the court denied the petitioner’s CPLR Article 78 petition to overturn an adverse administrative finding on his claim of age discrimination, and granted a cross-motion granting a CPLR 3211 motion to…

Read More Age Discrimination Complaint Dismissed; Article 78 Petition to Overturn NYS Division of Human Rights Determination Denied
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