In Grant v. New York City Health and Hospitals Corp., No. 152844/2022, 2024 WL 1532777 (N.Y. Sup Ct, New York County Apr. 09, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of constructive discharge asserted under the New York State and City Human Rights Laws. From the decision: To establish a prima facie…
Read More Constructive Discharge Claim Sufficiently AllegedIn a recent decision, Doe v. Polovets, No. 9521022023, 2023 WL 8623613 (N.Y. Sup Ct, New York County Dec. 08, 2023), the New York State Supreme Court, NY County, denied plaintiff’s motion to proceed anonymously. The court summarized plaintiff’s allegations as follows: Plaintiff alleges, simply put, that defendant Stan Polovets, whom she met through a…
Read More Sexual Assault Plaintiff, in Lawsuit Against Stan Polovets et al, May Not Proceed Anonymously, Judge Engoron RulesIn Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…
Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…
Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.In Taylor v. Baylar, No. 151924/2020, 2020 WL 6435450, 2020 N.Y. Slip Op. 33610(U) (N.Y. Sup Ct, New York County Oct. 22, 2020), the court denied defendants’ motion to dismiss plaintiff’s claims for pregnancy discrimination under the New York State and City Human Rights Laws. As to the state law claim, the court held: Plaintiff’s…
Read More Pregnancy Discrimination Claim Sufficiently Alleged Under New York’s “Notice Pleading” StandardIn a recent decision, captioned International Franchise Association et al v. City of New York, NY Supreme Court, NY County, Index No. 655987/2018 (Feb. 13, 2020), the court rejected a challenge to New York City’s Fair Workweek Law, codified at Title 20, Chapter 12 of the New York City Administrative Code. Judge Engoron concluded that…
Read More New York Judge Dismisses Challenge to NYC’s Fair Workweek LawIn Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…
Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive DismissalIn 554 Euo LLC v. Bldg. Maintenance Employees Union, Local 486, No. 654999/2018, 2019 WL 645975 (N.Y. Sup Ct, New York County Feb. 11, 2019), the court upheld an arbitrator’s decision to impose a less serious sanction (loss on one months’ pay), instead of termination, upon an employee found to have engaged in workplace harassment. The…
Read More Court Upholds Arbitrator’s “Progressive Discipline” Determination in Light of Workplace HarassmentIn Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…
Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth AvenueIn a somewhat unusual departure from my typical blog posts, this one is about a cease-and-desist letter addressed to me personally. The letter (here, with selected exhibits and below), from Florida lawyer Casey Cummings of Florida law firm Kenner & Cummings PLLC, asserts that a blog post I published on June 3, 2014 is “defamatory”, asks me “kindly” to take…
Read More My Response to a Cease-and-Desist Letter