NYC Human Rights Law

In 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-Barred

In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds

In a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…

Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Association

In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds

In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks

In 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 Judgment

In Culler v. New York State Unified Ct. Sys., 2019 NY Slip Op 32134(U) (Sup. Ct. Kings Cty. July 7, 2019), the court, inter alia, dismissed plaintiff’s race discrimination and hostile work environment claims asserted under the New York City Human Rights Law on the grounds of sovereign immunity, explaining:[1]As noted by the court, the…

Read More NYCHRL Discrimination Claims Dismissed Against New York State Unified Court System

In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity) grounds.[1]The court denied defendants’ motion to dismiss plaintiff’s federal…

Read More State, City Discrimination Claims Dismissed Against NYS Dep’t of Labor on Eleventh Amendment Grounds

In McKinney v. Quayshanna Tanner of Set and Service Resource et al, 2019 WL 3067116 (SDNY July 12, 2019), the court, inter alia, dismissed plaintiff’s claims under the New York City Human Rights Law. From the decision: The Court must dismiss Plaintiff’s NYCHRL claims. The NYCHRL does not apply to discriminatory acts that occurred outside…

Read More Court Dismisses NYCHRL Discrimination Claim Arising From Events Outside NYC