Pleading

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In Self v. Mixmaster, LLC, 2015 NY Slip Op 31938(U) (N.Y. Sup. Ct. Kings Cty. Oct. 19, 2015), the court denied defendants’ motion to dismiss plaintiff’s NYC Human Rights Law (NYCHRL) (sexual harassment, gender discrimination, and retaliation), intentional infliction of emotional distress, and negligent infliction of emotional distress claims. Defendants argued that plaintiff’s claims under…

Read More Sexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights Law
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A recent New York Supreme Court case, Spellman v. Gucci Am. Inc., 2015 NY Slip Op 31728(U) (Sup. Ct. NY Cty. Sept. 11, 2015), illustrates that “hostility” disconnected from the plaintiff’s protected class is insufficient to state a cause of action, even under the relatively broad NYC Human Rights Law. The court dismissed plaintiff’s hostile work environment claim…

Read More Alleged Threats of Death and Termination Insufficient to Allege a Cause of Action for a Hostile Work Environment Under the NYC Human Rights Law
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In Parker v. Workmen’s Circle Ctr. of the Bronx, Inc., No. 14CV5327-LTS, 2015 WL 5710511 (S.D.N.Y. Sept. 29, 2015), the Southern District of New York held that plaintiff sufficiently alleged her gender discrimination, sexual harassment, and hostile work environment claims. The Facts The court summarized plaintiff’s allegations, as set forth in her federal complaint, as…

Read More Retaliation, Hostile Work Environment, Gender Discrimination Claims Sufficiently Alleged Against Workmen’s Circle Center of the Bronx
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In Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…

Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights Law
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Vega v. Hempstead Union Free Sch. Dist., No. 14-2265-CV, 2015 WL 5127519 (2d Cir. Sept. 2, 2015), the Second Circuit held that plaintiff, a state employee, stated a claim for discrimination (based on his Hispanic ethnicity) and retaliation, and thus vacated the lower court’s order granting defendant’s motion for judgment on the pleadings under…

Read More Second Circuit Holds That Teacher Stated Discrimination and Retaliation Claims
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In Feliciano v. City of New York, No. 14 CIV. 6751 PAE, 2015 WL 4393163 (S.D.N.Y. July 15, 2015), the Southern District of New York held that plaintiff, a Hispanic Lieutenant employed by the New York City Sheriff’s Department, sufficiently alleged a prima facie case of discriminatory failure to promote based on race and national origin…

Read More Lieutenant Sufficiently Alleges Discriminatory Failure to Promote and (Limited) Retaliation Claim
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