In Alexander v. Equinox Holdings LLC, No. 160323/2018, 2019 WL 4643772, 2019 N.Y. Slip Op. 32830(U) (N.Y. Sup Ct, New York County Sep. 18, 2019), the court dismissed plaintiff’s discrimination/harassment claim asserted under the NYC Human Rights Law, NYC. Admin. Code § 8-101 et seq. (NYCHRL). Here, the events giving rise to plaintiff’s sex-based hostile…
Read More Off-Duty Employee’s NYCHRL “Customer Harassment” Claim DismissedIn a recent decision, Harris, Katherine Brooks et al v. Charlie Rose et al, Sup. Ct. NY Cty. Index No. 154172/2018 (filed Oct. 10, 2019), the court granted defendants’ motion to dismiss plaintiffs’ cause of action for retaliation under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. The court…
Read More Court Dismisses NYCHRL Retaliation Claim Against Charlie RoseIn Berges v Bodner, No. 153658/2019, 2019 WL 4643770, 2019 N.Y. Slip Op. 32825(U) (N.Y. Sup Ct, New York County Sep. 24, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination complaint. From the decision: The only element that the parties seriously dispute is … whether her termination occurred under circumstances…
Read More Employment Discrimination Complaint Proceeds; Replacement Shortly After Termination Creates (Weak) Inference of DiscriminationIn 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, AllegedIn 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 ImagesIn 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-BarredIn Wikked Entertainment, Inc. v. Burbacki, No. 652352/2018, 2019 WL 3854921, 2019 N.Y. Slip Op. 32440(U) (N.Y. Sup Ct, New York County Aug. 16, 2019), the court, inter alia, held that the facts as alleged, taken as true, fit within a theory of recovery (in the nature of employment discrimination / hostile work environment), but…
Read More Employment Discrimination/Hostile Work Environment Counterclaim Allegations Fit Within Legal Theory, But Responding Party Was Entitled to More Definite StatementIn Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…
Read More Race, National Origin Discrimination Under the City Law Survive Summary JudgmentIn Delever v One Taste Inc., No. 161172/2018, 2019 WL 3457260 (N.Y. Sup Ct, New York County July 31, 2019), the court dismissed plaintiff’s various claims, including for sexual harassment, intentional infliction of emotional distress, fraud, and breach of contract. In sum, plaintiff claimed (inter alia) that defendant’s sales director promised her that she could…
Read More Sexual Harassment Claim Dismissed; Plaintiff Was Not an “Employee”In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…
Read More Gender, Disability Discrimination Claims Dismissed Against Citibank