NYC Human Rights Law

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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Daniels v. American Airlines Inc., 19-cv-3110, 2022 WL 493573 (E.D.N.Y. Feb. 17, 2022), the court dismissed “workplace bullying” claims asserted by plaintiff, a former flight attendant for defendant American Airlines. This decision teaches, and confirms, that while a certain type of bullying – bullying motivated by impermissible factors (i.e., “protected classes” such as sex,…

Read More Workplace Bullying, Hostile Work Environment Claims Dismissed by Court
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In Xu v. Omnicom Group Inc., No. 518453/2019, 2022 WL 135325, 2022 N.Y. Slip Op. 30133(U) (N.Y. Sup Ct, Kings County Jan. 06, 2022), the court granted an individual defendant’s (John Wren) motion to dismiss plaintiff’s claims of discrimination based on race (Chinese), national origin (China), disability, and age. This case is instructive as to…

Read More Discrimination Claims Dismissed Against, and Protective Order Issued Barring Deposition of, Individual Defendant
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In Richards v. The Department of Education of the City of New York et al, 21-cv-338, 2022 WL 329226 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, held that plaintiff plausibly alleged retaliation. The court did, however, dismiss several of plaintiff’s other claims, such as for race- and religion-based hostile work environment. Accordingly, this case teaches…

Read More Retaliation Claim Survives, In Part, Against NY Dept. of Education
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In Gurley v. David H. Berg & Associates d/b/a Berg & Androphy et al, 20 Civ. 9998, 2022 WL 309442 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim for a race-based hostile work environment under the New York City Human Rights Law. This case illustrates the difference between…

Read More Race-Based Hostile Work Environment Claim Survives Under NY City, But Not Federal and NY State, Law
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In Gokhberg v. PNC Bank, N.A., 21-222-cv (2d Cir. Feb. 1, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal, on summary judgment, of plaintiff’s allegations the defendant terminated him in retaliation for his complaint of discriminatory lending practices based on marital status in violation of the…

Read More Retaliatory Termination Claim Dismissal Affirmed; Termination Was Based on Misconduct, Not Marital Status Lending Practices Discrimination
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In Curtis v. Marino, 2022 NY Slip Op 00499 (N.Y. App. Div. 1st Dept. Jan. 27, 2022), the court unanimously affirmed the dismissal of plaintiff’s complaint, which contained causes of action for discrimination under the New York State and City Human Rights Laws, as untimely. From the decision: Supreme Court properly found the arbitration agreement…

Read More Discrimination Complaint Properly Dismissed; Contractual Shortening of Statute of Limitations Was Reasonable
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In Joyce v. Remark Holdings, Inc. et al, 2022 WL 179839 (S.D.N.Y. Jan. 20, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Joyce points to three specific instances to argue that Tao created a hostile work environment. First, when Joyce…

Read More Hostile Work Environment Claim Dismissed; Limited Interactions With Alleged HWE Creator
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim that defendant failed to engage in a cooperative dialogue, pertaining to an alleged disability, in violation of the New York City Human…

Read More Failure to Plead “Disability” Dooms “Cooperative Dialogue” Claim Under NYC Human Rights Law
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