Public Accommodation Discrimination

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From Solomon v. Amazon.com, Inc. et al, 2019 WL 2601794 (E.D.N.Y., 2019): Solomon “seeks permission to amend his complaint to add counts of discrimination on account of gender in violation of Title VII of the Civil Rights Act of 1964, and of a denial to his right of access to a place of public accommodation…

Read More Whole Foods Customer Ban Upheld; Motion to Add Title II Gender-Based Public Accommodation Claim Denied on Ground of Futility
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In Akyar v. TD Bank US Holding Company, 18-CV-379, 2018 WL 4356734 (S.D.N.Y. 2018), the court (inter alia) dismissed plaintiff’s public accommodation discrimination claim under Title II of the Civil Rights Act of 1964. This decision turns on what venues qualify as “places of public accommodation” within the meaning of the statute. In sum, plaintiff alleged…

Read More Banks Are Not “Places of Public Accommodation” Within The Meaning of the Civil Rights Act of 1964, Court Holds
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I just saw the movie “The Green Book,” which chronicles the early 1960’s travels of musician Donald Shirley and his driver/bodyguard Tony Vallelonga. Throughout the movie, Mr. Shirley is subjected to blatant race discrimination (by, for example, not being allowed to eat in the same room as white patrons. The movie is set in 1962,…

Read More The “Green Book” and Public Accommodation Discrimination
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In Wu v. Jensen-Lewis Co., Inc., 2018 WL 5723122 (S.D.N.Y. Nov. 1, 2018), the court (inter alia) held that the plaintiff plausibly stated a claim for public accommodation discrimination. Plaintiff, who is legally blind, asserted that defendants’ website is not compliant with federal law (the Americans with Disabilities Act) because it was not fully and…

Read More Website-Accessibility Disability Discrimination Plausibly Alleged, Court Finds
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In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named…

Read More Lawsuit: Public Accommodation Discrimination Claim Against Soho House Following Support Dog-Based Ejection
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In a 7-2 decision issued today, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (U.S. No. 16-111 June 4, 2018) (J. Kennedy), the U.S. Supreme Court ruled 7-2 in favor of a Colorado baker who refused to create a cake for a gay couple’s wedding because of his claimed religious opposition to same-sex marriage. Importantly,…

Read More SCOTUS Issues Narrow Decision in Baker’s Favor in “Gay Wedding Cake” Case
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Much has been written about an unfortunate incident in which two black men – Rashon Nelson and Donte Robinson – were arrested while waiting for their friend/colleague in a Philadelphia Starbucks on April 12, 2018. For a recap, this article summarizes what happened and relatively recent developments, including Messrs. Nelson’s and Robinson’s retention of counsel.[1]If you…

Read More On Starbucks, “Sitting While Black,” and Public Accommodation Discrimination
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In Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the…

Read More Public Accommodation Sexual Harassment is Actionable Under the NYC Human Rights Law, Court Holds
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In Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and…

Read More Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment
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