NYC Human Rights Law

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In Goldman v. Sol Goldman Investments, LLC, et al., 20-cv-06727, 2021 WL 4198253 (S.D.N.Y. Sept. 14, 2021), the court held that plaintiff sufficiently alleged that named defendant Sol Goldman Investments was plaintiff’s “employer” for purposes of his claims under the Age Discrimination in Employment Act (ADEA) and the New York State and City Human Rights…

Read More Court Discusses and Applies the “Single Employer” Doctrine in ADEA Discrimination Case
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In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2021 WL 4219732 (N.Y. Sup Ct, New York County Sep. 16, 2021), the court held, inter alia, that plaintiff (a male paraprofessional a/k/a teaching assistant) sufficiently alleged sexual harassment by a co-worker under the New York…

Read More Male Teaching Assistant Sufficiently Alleges Sexual Harassment By Female Co-Worker
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The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
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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 Dismissal
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In 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 Agreement
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In 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 Alleged
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From 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 Grievances
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In 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, Law
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In 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 Retaliatory
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