NYC Human Rights Law

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In Phillips v. Fashion Institute of Technology et al, No. 23-375-cv, 2024 WL 1005500 (2d Cir. March 8, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court’s summary judgment on her retaliatory hostile work environment claims against an individual defendant who, according to plaintiff, threatened to “kill” her.…

Read More 2nd Circuit Vacates Dismissal of Black FIT Employee’s Retaliatory Hostile Work Environment Claims
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In  Sawyers v. Christine McMahon, 1:23-cv-05494 (PAE) (SDA), 2024 WL 665681 (S.D.N.Y. Jan. 29, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims. This decision, like many, illustrates that in order to be actionable, the alleged hostility must be connected to the plaintiff’s membership in a protected class (such as sex, race, etc.).…

Read More Lacking Link to Protected Class, Alleged Hostile Work Environment Claims Dismissed
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Dedewo v. CBS Corp., No. 158386/2022, 2024 WL 184496, 2024 N.Y. Slip Op. 30217(U) (N.Y. Sup Ct, New York County Jan. 16, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of discrimination on the ground of “res judicata”. From the decision: As to discrimination, the elements necessary for a claim…

Read More Discrimination Claim Dismissed, on Res Judicata Grounds, Due to Federal Court Determination
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In O’Sullivan et al v. Jacaranda Club, LLC et al, No. 1779, 2023-04923, 2024 WL 847860 (N.Y.A.D. 1 Dept., Feb. 29, 2024), the court affirmed the lower court’s decision granting defendant’s motion to compel arbitration of their sexual harassment and other claims. From the decision: Asserting claims under New York State and City Human Rights…

Read More Sexual Harassment Claims Subject to Arbitration Agreement; EFAA Inapplicable, Court Rules
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In Weaver v. Bloomberg L.P., 22 Civ. 8201 (PAE), 2024 WL 693166 (S.D.N.Y. Feb. 20, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claims of race-based employment discrimination (termination). This case illustrates how courts apply the three-step McDonnell Douglas burden-shifting framework when analyzing discrimination claims. From the decision: The Court finds that…

Read More Race-Based Termination Claim Survives Summary Judgment Against Bloomberg L.P.
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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