In Taylor v. Health Research, Inc., No. 151848/2019, 2019 WL 5212862, 2019 N.Y. Slip Op. 33051(U) (N.Y. Sup Ct, New York County Oct. 16, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court explained that “in order to make out a claim…
Read More Retaliation Claims Dismissed; Generalized Complaint Was Not “Protected Activity”In O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…
Read More City HRL Retaliation Claim Stated; Court Cites Threat to “Make the Situation Worse” For Plaintiff if She Continued to ComplainIn O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…
Read More Complaint States Claim For Gender Discrimination Under the NYC Human Rights Law; Derogatory Comments About Women Were More Than “Petty Slights”In Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…
Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive DismissalIn Bistreich v City of New York, No. 160194/2016, 2019 WL 4569921 (N.Y. Sup Ct, New York County Sep. 16, 2019), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. Plaintiff – a former Legislative Director and Budget Director for the office of…
Read More Asperger’s-Afflicted Plaintiff Defeats Summary Judgment in Disability Discrimination CaseIn Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…
Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of HealthIn Alexander v. Equinox Holdings LLC, No. 160323/2018, 2019 WL 4643772, 2019 N.Y. Slip Op. 32830(U) (N.Y. Sup Ct, New York County Sep. 18, 2019), the court dismissed plaintiff’s discrimination/harassment claim asserted under the NYC Human Rights Law, NYC. Admin. Code § 8-101 et seq. (NYCHRL). Here, the events giving rise to plaintiff’s sex-based hostile…
Read More Off-Duty Employee’s NYCHRL “Customer Harassment” Claim DismissedIn a recent decision, Harris, Katherine Brooks et al v. Charlie Rose et al, Sup. Ct. NY Cty. Index No. 154172/2018 (filed Oct. 10, 2019), the court granted defendants’ motion to dismiss plaintiffs’ cause of action for retaliation under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. The court…
Read More Court Dismisses NYCHRL Retaliation Claim Against Charlie RoseIn Berges v Bodner, No. 153658/2019, 2019 WL 4643770, 2019 N.Y. Slip Op. 32825(U) (N.Y. Sup Ct, New York County Sep. 24, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination complaint. From the decision: The only element that the parties seriously dispute is … whether her termination occurred under circumstances…
Read More Employment Discrimination Complaint Proceeds; Replacement Shortly After Termination Creates (Weak) Inference of DiscriminationIn Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim 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. As to…
Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient