D Motion to Dismiss Denied (Employment Discrimination)

by

In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of arrest record discrimination asserted under the New York State Human Rights Law. From the decision: Finally, Defendants move to dismiss Plaintiff’s cause of…

Read More NYPD Officer Sufficiently Alleges Arrest History Discrimination Claim Under the NYS Human Rights Law
Share This:
by

In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: Plaintiff’s complaint and amended complaint interpose…

Read More Asian NYPD Officer Sufficiently Alleges Discrimination, Hostile Work Environment Claims
Share This:
by

In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that…

Read More ADEA Age Discrimination (Termination) Claim Survives Dismissal; Plaintiff Alleged Negative Treatment Relative to Younger Employees
Share This:
by

In Balchan v. New Rochelle City School District, 23-CV-06202 (PMH), 2024 WL 2058726 (S.D.N.Y. May 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination asserted under Title VII of Civil Rights Act of 1964. From the decision: Title VII defines religion capaciously to include all aspects of religious…

Read More Religious Discrimination Claims Survive Dismissal; Court Explains What Constitutes “Religion” Under Anti-Discrimination Laws
Share This:
by

In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2024 WL 2244767 (N.Y. Sup Ct, New York County May 14, 2024), inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: In the amended complaint, plaintiff alleges that she complained to…

Read More Retaliation Claims Survive Dismissal Against Gladstone Gallery
Share This:
by

In Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…

Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights Law
Share This:
by

In Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…

Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights Law
Share This:
by

In Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate). As to plaintiff’s discrimination claims, the court explained that…

Read More Race, Gender Discrimination Claims Sufficiently Alleged; Allegations Included Denial of Overtime, Transfers, and Promotions
Share This:
by

In Flint v. Atlantic Networks, LLC, No. 505043/2021, 2024 WL 1840597 (N.Y. Sup Ct, Kings County Apr. 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. The court began by summarizing the standard to apply when considering a pre-answer motion…

Read More Court Denies Motion to Dismiss NYSCHR, NYCHRL Disability Discrimination Claims Following Dismissal of Federal Complaint Without Prejudice
Share This:
by

In Serrano v. The City of New York, No. 2023-05750, 2095, 810438/22, 2024 N.Y. Slip Op. 02156, 2024 WL 1723814 (N.Y.A.D. 1 Dept., Apr. 23, 2024), the Appellate Division, First Department reversed a lower court’s order granting defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human…

Read More First Department Revives Race Discrimination, Hostile Work Environment Claims
Share This: