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In Doe v. Bloomberg, L.P. et al, 2019 WL 4605568 (N.Y. App. Div. 1st Dept. Sept. 24, 2019), the First Department addressed the issue of “when an individual owner or officer of a corporate employer may be held strictly liable as an employer under the New York City Human Rights Law”, specifically, Administrative Code of…

Read More First Department Clarifies Standard for Individual Liability Under the NYCHRL

In Coleman v. Time Capital Securities Corp., No. 13-17883, 2019 WL 4492880, 2019 N.Y. Slip Op. 32721(U) (N.Y. Sup Ct, Suffolk Cty. Sep. 10, 2019), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim, asserted under the New York State Human Rights Law. Generally, explained the court, “[t]o establish a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Dismissed

In Williams v. Classic Security et al, 2019 WL 4511953 (S.D.N.Y. Sept. 19, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims. Plaintiff asserts claims under Title VII, the ADEA, and 42 U.S.C. 1981, which are all subject to the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).…

Read More Dismissal of Race Discrimination Case, and a Pleading Tutorial

In Pantor v City of New York, No. 159257/2015, 2019 WL 4390454, 2019 N.Y. Slip Op. 32706(U) (N.Y. Sup Ct, New York County Sep. 13, 2019), the court, inter alia, denied the City’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment case. The court summarized plaintiff’s contentions as follows: [P]laintiff alleges a course…

Read More Sexual Harassment Claim Survives Summary Judgment; “Presidential Affair” Comment, Among Others, Alleged

In Murtha v. New York State Gaming Commission et al, 17-cv-10040, 2019 WL 4450687 (S.D.N.Y. Sept. 17, 2019), the court, inter alia, dismissed plaintiff’s claim of hostile work environment asserted under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). The court summarized the pertinent law: The ADEA prohibits requiring people…

Read More Hostile Work Environment (Age/ADEA) Claim Insufficiently Alleged, Court Holds

In Litwin v. Hammond Hanlon Camp, LLC, 2019 NY Slip Op 51475(U) (Sup. Ct. NY Cty. Sept. 9, 2019), the court dismissed plaintiff’s complaint asserting a violation of NYC’s “revenge porn” law, now codified at NYC Admin. Code § 10-180[b][1]. The alleged facts, distilled and simplified, are as follows: Plaintiff (P), an employee of defendant,…

Read More Court Narrowly Construes NYC’s “Revenge Porn” Law; Requires “Direct” Receipt of Intimate Images

In Chauca v. AdvantageCare Physicians, P.C., 2019 WL 4247495 (E.D.N.Y. Sept. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. The court summarized the basic elements of such a claim: To show that she was subjected to sex discrimination by virtue of a hostile work environment, plaintiff must show that…

Read More Sexual Harassment Claim Dismissed; Alleged Comments Were “Equally Offensive” to Men and Women

In Akinde v. NYC Health & Hospital Corp. et al, 16-cv-8882, 2019 WL 4392959 (S.D.N.Y. Sept. 13, 2019), the court held, inter alia, that plaintiff sufficiently alleged discrimination and retaliation under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Judge Woods summarized the relevant legal standard(s):[1]Paragraphing added. To establish a…

Read More Complaint Sufficiently Alleges Title VII and ADA Discrimination & Retaliation Claims, Court Finds

In Chow-Tai v Fulvio & Associates, LLP, No. 158939/2018, 2019 WL 4039146, 2019 N.Y. Slip Op. 32514(U) (N.Y. Sup Ct, New York County Aug. 27, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim. From the decision: To establish a constructive discharge, Plaintiff must demonstrate “deliberate and intentional” acts of…

Read More Constructive Discharge Claim Survives Dismissal; Sexual Harassment and Other Claims Dismissed as Time-Barred