In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…
Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives DismissalIn Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…
Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality AgreementIn Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…
Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently AllegedFrom Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021): The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of…
Read More Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of GrievancesIn Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…
Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, LawIn Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…
Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was RetaliatoryIn November 2020, New York Governor Andrew Cuomo signed into law an update to New York’s anti-SLAPP law that expands the rights and protections of defendants in lawsuits based on their right to free speech. “SLAPP” is an acronym for “Strategic Lawsuit Against Public Participation.” While New York had an anti-SLAPP law on the books for…
Read More Court Applies NY’s Recently-Enhanced Anti-SLAPP Law to Dismiss Defamation Claim Asserted By Queens DoctorIn Hay v. New York Media LLC, 20-CV-6135, 2021 WL 2741653 (S.D.N.Y. July 1, 2021), the court discussed and applied the geographic limitations of the New York City Human Rights Law. The plaintiff in this case is Bruce Hay, a professor at Harvard Law School. He brought this lawsuit against the author (Kera Bolonik) and…
Read More MA Professor’s NYC Human Rights Law Sexual Harassment Claim Lacked Geographic Connection to NYC; Leave to Amend Complaint Denied as FutileIn Bonaffini v. City University of New York and Anne Lopes, 2021 WL 2895688 (E.D.N.Y. July 9, 2021), the court addressed an interesting issue, namely: whether an individual defendant may be liable for discrimination under the New York State and City Human Rights Laws, notwithstanding that their government employer is entitled to sovereign immunity. The…
Read More NYS and NYC Human Rights Law Discrimination Claims May Proceed Against Individual Provost, Notwithstanding CUNY’s Sovereign ImmunityIn Melendez v. New York City Transit Authority et al, No. 159390/2013, 2021 WL 2627513 (N.Y. Sup Ct, New York County June 24, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of gender discrimination / sexual harassment. This decision is instructive as to the issue of whether and to…
Read More Gender Discrimination / Sexual Harassment Properly Imputed to NYC Transit Authority Under NYC Human Rights Law, Court Holds