In Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…
Read More Retaliation Claim Insufficiently Alleged; Element of Causation LackingIn Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…
Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter JurisdictionIn Lebowitz et al v. New York City Dept. of Educ., No. 526062/20, 2022 WL 4357086 (N.Y. Sup Ct, Kings County Sep. 16, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to two Sheepshead Bay High School teachers. After concluding that summary judgment was warranted on one teacher’s claims, it reached…
Read More Age Discrimination Claims, Based on Statistical Evidence, Survives Summary Judgment Against the NYC Dept. of EducationIn Weekes v. Jetblue Airways Corporation et al, No. 21-CV-1965 (MKB), 2022 WL 4291371 (E.D.N.Y. Sept. 16, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…
Read More Disability (Asthma)-Based Hostile Work Environment Claim Sufficiently Alleged Against JetBlueIn Reno v. Structuretech New York, Inc., No. 160158/2021, 2022 WL 3999584 (N.Y. Sup Ct, New York County Aug. 25, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination and hostile work environment under the New York State and City Human Rights Laws, as well as retaliation under the…
Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims, Based in Part of Reference to Plaintiff as “Boy”, Sufficiently AllegedIn Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2022 WL 3227920 (N.Y. Sup Ct, New York County Aug. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender- and race-based discrimination and retaliation claims, as well as her claim under the Gender Motivated Violence Act. As to the…
Read More Gender Discrimination, Race Discrimination, Retaliation, and Gender Motivated Violence Act Claims Sufficiently Alleged Against Triborough Bridge & Tunnel AuthorityIn Pease v. The City of New York, No. 161501/2021, 2022 WL 3336139 (N.Y. Sup Ct, New York County Aug. 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for…
Read More NYCHRL Discrimination Claim, Based on Discipline and Non-Promotion, Survives DismissalIn Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…
Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources AdministrationIn Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of retaliation under the New York State and City Human Rights Laws. (I wrote about the court’s denial of defendants’ motion to dismiss plaintiff’s claims of…
Read More Retaliation Claims Sufficiently Alleged Against Local 52In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of race-based employment discrimination under the New York State and City Human Rights Laws. From the decision: In determining whether the facts alleged in the complaint…
Read More Employment (Race) Discrimination Claims Sufficiently Alleged Against Local 52