The New York State and City Human Rights Laws explicitly protect interns against discrimination, including sexual harassment. For example, the NYS Human Rights Law provides, inter alia: It shall be an unlawful discriminatory practice for an employer to … refuse to hire or employ or to bar or to discharge from internship an intern or…
Read More Interns Are Protected Against Discrimination and Sexual HarassmentIn Matlock-Abdullah v. New York State Department of Labor, 15-cv-0294, 2017 WL 5905564 (N.D.N.Y. Nov. 29, 2017), the court dismissed plaintiff’s claims of, inter alia, hostile work environment. Notably, that claim failed, despite the court’s recognition that the comments plaintiff were “deplorable” and were arguably racial in nature. From the decision: Plaintiff’s argument that co-workers…
Read More Hostile Work Environment Claim Dismissed, Despite “Deplorable”, Arguably Racial CommentsIn Keceli v. Yonkers Racing Corp., 2017 NY Slip Op 08359, 2017 WL 5762297 (N.Y.A.D. 2 Dept. Nov. 29, 2017), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s sexual orientation discrimination and retaliation claims under the New York State Human Rights Law. As to plaintiff’s sexual orientation discrimination claim, the court explained the law,…
Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination, Retaliation Claims Under the NYS Human Rights LawIn Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…
Read More NYS Human Rights Law Claims Fail Under Federal Pleading StandardIn Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision…
Read More Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action MissingIn Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. In sum, plaintiff asserted claims of “hostile work environment” and “quid pro quo” sexual harassment…
Read More Hostile Work Environment Claim, Arising From Conduct of Non-Supervisor Co-Worker, Survives Summary JudgmentFrom Davis v. NYC Dept. of Corrections et al, 17-cv-3863, 2017 WL 5634123 (E.D.N.Y. Nov. 22, 2017): Plaintiff fails to state a claim under the ADA. “[T]he [C]omplaint alleges no facts indicating that [Plaintiff’s] PTSD … impaired any life activities,” Soules v. Town of Oxford, 669 F. App’x 54, 56 (2d Cir. 2016), nor does…
Read More PTSD Not Shown to Impair any “Major Life Activities”; ADA Disability Discrimination Claim DismissedIn Martinez v. Davis Polk & Wardwell LLP, 2017 WL 5592281 (2d Cir. Nov. 21, 2017), the Second Circuit affirmed the dismissal of plaintiff’s Title VII race-based pay discrimination and retaliation claims. (Here I’ll focus on the court’s evaluation of plaintiff’s retaliation claim.) The court explained the legal requirements for making out a retaliation claim:…
Read More Finding Causation Lacking, 2d Circuit Affirms Dismissal of Retaliation Claim Against Davis Polk & WardwellIn Chauca v. Abraham, 2017 NY Slip Op 08158, 2017 WL 5557932 (N.Y. Nov. 20, 2017), the New York Court of Appeals – answered a certified question from the U.S. Court of Appeals for the Second Circuit – regarding the appropriate standard applicable for when punitive damages may be awarded under the New York City Human…
Read More New York’s Highest Court Clarifies Standard for Punitive Damages Under the New York City Human Rights LawOn November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…
Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al