NYC Human Rights Law

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In 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 Case
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In 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 Health
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In 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 Dismissed
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In 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 Discrimination
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In 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
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In Schaper v. The Bronx Lebanon Hospital Center and Carol Wilson, 17-cv-01246, 2019 WL 4748303 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied defendant’s 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…

Read More Hostile Work Environment Claim Survives Summary Judgment Against Bronx Lebanon Hospital Center
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The New York City Commission on Human Rights recently issued a document titled “Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin“. It begins by summarizing and outlining the contributions that immigrants has made to New York City: Approximately 3.2 million New York City residents were born outside of the…

Read More NYC Commission on Human Rights Issues Enforcement Guidance on Immigration Status and National Origin Discrimination
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In Doe v. Bloomberg, L.P. et al, 2019 WL 4605568 (N.Y. App. Div. 1st Dept. Sept. 24, 2019), the First Department addressed the issue of “when an individual owner or officer of a corporate employer may be held strictly liable as an employer under the New York City Human Rights Law”, specifically, Administrative Code of…

Read More First Department Clarifies Standard for Individual Liability Under the NYCHRL
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In Chow-Tai v Fulvio & Associates, LLP, No. 158939/2018, 2019 WL 4039146, 2019 N.Y. Slip Op. 32514(U) (N.Y. Sup Ct, New York County Aug. 27, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim. From the decision: To establish a constructive discharge, Plaintiff must demonstrate “deliberate and intentional” acts of…

Read More Constructive Discharge Claim Survives Dismissal; Sexual Harassment and Other Claims Dismissed as Time-Barred
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