A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…
Read More Hostile Work Environment Sexual Harassment Claims Proceed Against UnionIn Temidis v. Intern. Business Machines Corp., No. 156289/2018, 2022 WL 4790484, 2022 N.Y. Slip Op. 33326(U)(N.Y. Sup Ct, New York County Oct. 03, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…
Read More Retaliation Claims, Arising From Complaints of Race Discrimination Against Colleague, Survive Summary Judgment Against IBMIn Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…
Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently AllegedIn Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…
Read More NYC Teacher’s Race Discrimination Claims Sufficiently AllegedIn Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…
Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary JudgmentIn a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…
Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at InquestIn Wetzel v. Systra USA Inc., No. 151707/2022, 2022 WL 16574840 (N.Y. Sup Ct, N.Y. Cty. Nov. 01, 2022), the court dismissed plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. After holding that plaintiff failed to state a claim under the New York State Human Rights Law, court…
Read More Age Discrimination Claims Dismissed; Younger Workers Also Suffered DetrimentIn Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…
Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments InsufficientIn Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…
Read More Retaliation Claim Insufficiently Alleged; Element of Causation LackingIn Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…
Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction