NYC Human Rights Law

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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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In Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…

Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”
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In Baker v Revolt Media & TV, LLC, No. 152612/17, 2019 WL 4861967 (N.Y. Sup Ct, New York County Oct. 02, 2019), the court dismissed plaintiff’s race and age discrimination claims asserted under the New York State and City Human Rights Laws. Defendant asserted that plaintiff’s termination was due to the non-discriminatory reasons of “restructuring…

Read More Age/Race (“Reverse”) Employment Discrimination Claims Dismissed
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims 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. The court…

Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlService
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In Mira v. Harder, 2019 NY Slip Op 08131 (App. Div. 1st Dept. Nov. 12, 2019), the court affirmed the dismissal of plaintiff’s discrimination, retaliation, and “revenge porn” claims. First, the court held that plaintiff’s discrimination, hostile work environment, and retaliation claims – asserted under the New York State and City Human Rights Laws –…

Read More Discrimination, Hostile Work Environment, and Revenge Porn Claims Dismissed
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In Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…

Read More Race Discrimination Claim Against NY DOT Improperly Dismissed
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Effective October 11, 2019, the New York State Human Rights Law permits an award of punitive damages in certain employment discrimination cases. The relevant section is codified at NYS Executive Law § 297(4)(c), which provides: If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful…

Read More NYS Human Rights Law Provides for Punitive Damages in Certain Employment Cases
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In Downey and Bonner v. Adloox, Inc., 18‐3521‐cv (2d Cir. Oct. 24, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ age discrimination claims. This case aptly illustrates how the “stray remarks” doctrine operates in the age discrimination context. In sum, the court found that – notwithstanding two arguably age-related comments – plaintiffs…

Read More Age Discrimination Dismissal Affirmed; Termination Was Due to Poor Performance; “Old Timer” and “Young Sharks” Comments Were “Stray Remarks”
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