NYC Human Rights Law

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In Mauro v. New York City Department of Education et al, 2020 WL 3869206 (S.D.N.Y. July 9, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation dismissing plaintiff’s hostile work environment claim asserted against the New York City Department of Education under Title VII of the Civil Rights Act of 1964, the…

Read More Race-Based Hostile Work Environment Claim Against NYC Department of Education Dismissed; “Not a Good Fit” Comment Notwithstanding
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In Kuehl v. City of New York, No. 151282/2018, 2020 WL 3578442 (N.Y. Sup Ct, New York County July 01, 2020), the court, inter alia, dismissed plaintiff’s age-based constructive claim. From the decision: To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant…

Read More Age-Related Constructive Discharge Claim Dismissed; “Walter White”/Breaking Bad Reference Cited
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In Brown v. City of New York, 2020 NY Slip Op 03721 (App. Div. 1st Dept. July 2, 2020), the First Department unanimously affirmed the lower court’s Order granting defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. As with many retaliation cases, this decision turned on whether…

Read More First Department Affirms Dismissal of Retaliation Claim Against City of New York Under NYC Human Rights Law; Temporal Proximity Lacking
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In Jarusauskaite v. Almod Diamonds, Ltd., No. 154732/2019, 2020 WL 3618936 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim against the entity defendant’s Board of Directors, based on the alleged harassment by an individual. From the decision: To sustain a hostile work environment…

Read More Gender-Based Hostile Work Environment Claim Dismissed Against Board of Directors
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In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on his “gender identify” under the New York State and City Human Rights Laws. From the decision: Here, plaintiff has alleged that he…

Read More “Gender Identity” Discrimination Claim Survives Dismissal Under the NYS and NYC Human Rights Laws
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In Tirschwell v. TCW Group Inc., No. 150777/2018, 2020 WL 3104364, 2020 N.Y. Slip Op. 31816(U) (N.Y. Sup Ct, New York County June 11, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination / sexual harassment claim under the New York City Human Rights Law. From the decision: [P]laintiff…

Read More Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact Issue
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In Calvelos v. City of New York et al, 2020 WL 3414886 (S.D.N.Y. June 22, 2020), the court, inter alia, held that plaintiff stated a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, during his first eight months at West Facility, Warden…

Read More Title VII Race-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York
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In Klaper v. Cypress Hills Cemetery, No. 2016-12547, 9951/15, 2020 N.Y. Slip Op. 03505, 2020 WL 3443488 (N.Y.A.D. 2 Dept. June 24, 2020), the court, inter alia, discussed and applied the NYC Human Rights Law’s “election of remedies” doctrine. Plaintiff alleged that, during his employment, his supervisors and coworkers referred to him by derogatory names…

Read More NYS Division of Human Rights Complaint Triggered Election of Remedies as to NYC Human Rights Law Claims, Court Holds
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In Morales v. Triborough Podiatry, P.C., No. 2019-03110, 521586/18, 2020 N.Y. Slip Op. 03408, 2020 WL 3261059 (N.Y.A.D. 2 Dept. June 17, 2020), the Second Department reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s complaint alleging race and sex discrimination under the New York City Human Rights Law. From the decision: The…

Read More Discrimination Complaint Should Have Been Dismissed; Employment Refusal Preceded Communication of Employment Decision
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In White v. WeWork Companies, Inc., 20-cv-1800, 2020 WL 3099969 (S.D.N.Y. June 11, 2020), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s discrimination claims. In reaching this determination, the court considered the application of the relatively recently-enacted Section 7515 of the New York Civil Practice Law and Rules, which (among other…

Read More Court Finds Employment Discrimination Claims Must Be Arbitrated, Notwithstanding CPLR 7515
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