NYC Human Rights Law

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In Herrera v. The City of New York, No. 152586/2022, 2023 WL 5805938 (N.Y. Sup Ct, New York County Sep. 07, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. Among other things, this decision illustrates the difference between federal discrimination…

Read More Aspiring NYPD Officer’s Age Discrimination Claims Survive Dismissal Against the City of New York
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In Collymore v. City of New York et al, 16-CV-8270-LTS-OTW, 2023 WL 5834784 (S.D.N.Y. Sept. 8, 2023), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. Under the operative statutes, plaintiff was required to show that the discriminatory harassment she experienced was “because of” a protected characteristic – here, sex. Applying…

Read More Sexual Harassment Claims Dismissed; Alleged Touching Was Not Sex-Based
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In Izuogu v. Aramark Food Services, No. 100625/2022, 2023 WL 5628205 (N.Y. Sup Ct, New York County Aug. 31, 2023), the court  granted defendant’s motion to dismiss plaintiff’s employment discrimination claims. The decision is instructive both as to the technical requirements for pleading a cause of action in a New York State Court complaint, as…

Read More Employment Discrimination Complaint Dismissed; Allegation That Plaintiff Was Forced to Perform Tasks Outside Job Description Held Insufficient
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Garcia v. The City of New York, No. 151552/22, 2023 WL 5531753 (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. From the decision: The conduct alleged in the Proposed Amended Complaint…

Read More “Coded” Racial Language Supports NYC Human Rights Law Discrimination Claim
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In Lazarine v. Allied Universal Event Services, No. 153143/2023, 2023 WL 4546517, 2023 N.Y. Slip Op. 32374(U) (N.Y. Sup Ct, New York County July 14, 2023), the court, inter alia, dismissed plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Counts IV, V, and VIII of…

Read More Retaliation Claims Dismissed Absent Allegation of “Protected Activity”
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In Lax v. The City University of New York, No. 504682/2021, 2023 WL 5485819 (N.Y. Sup Ct, Kings County Aug. 23, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claims. From the decision: CUNY contends that plaintiffs’ hostile work environment claims fail to state viable causes of action…

Read More Religion-Based Hostile Work Environment Claims Sufficiently Alleged Against City University of New York, Court Rules
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