NYC Human Rights Law

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On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or]…

Read More Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”
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In Harrington v. City of New York, 2018 NY Slip Op 00381, 2018 WL 503144 (App. Div. 1st Dept. Jan. 23, 2018), the Appellate Division, First Department modified a lower court order and reinstated plaintiff police officer’s claims for sexual orientation discrimination and retaliation under the New York State and City Human Rights Laws. As…

Read More Police Officer’s Sexual Orientation Discrimination Claims Sufficiently Alleged, First Department Holds
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In Gachette v. Metro North-High Bridge, 2018 WL 456723 (2d Cir. Jan. 18, 2018) (Summary Order), the Second Circuit vacated the district court’s dismissal of plaintiff’s disparate treatment claims, in light of an unresolved discovery dispute. From the Order: At the start, we conclude that vacatur is appropriate as to Gachette’s claims of disparate treatment…

Read More Employment Discrimination Claims Should Not Have Been Dismissed in Light of Discovery Dispute
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In Watson v. Emblem Health Servs., 2018 NY Slip Op 00123 (App. Div. 1st Dept. Jan. 9, 2018), the court reversed a lower court’s decision granting defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. In sum, plaintiff’s claims arose from defendant’s refusal to reinstate plaintiff and…

Read More Disability Discrimination Claim Survives Summary Judgment Under the NYC Human Rights Law
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In Suarez v. Mosaic Sales Solutions US Operating Co., LLC, 2018 WL 357540 (2d Cir. 17-2344 Jan. 11, 2018), the Second Circuit affirmed the dismissal of plaintiff’s claim under the New York City Fair Chance Act, N.Y.C. Admin. Code § 8-107(11)(a), based on defendant’s failure to follow certain procedures before rescinding plaintiff’s job offer after discovering,…

Read More 2d Circuit Affirms Dismissal of NYC Fair Chance Act Claim; Amount-in-Controversy Element Not Satisfied
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In Jarrett v. Manhattan and Bronx Surface Transportation Operating Authority, 2017 N.Y. Slip Op. 32701(U), 2017 WL 6610409 (N.Y. Sup. Ct. N.Y. Cty., 150116/2017 Dec. 18, 2017) (J. Sokoloff), the court explained and applied the “continuing violation doctrine” in the context of plaintiff’s employment discrimination claims under the New York State and City Human Rights…

Read More Court Finds “Continuing Violation Doctrine” Inapplicable to Complaint’s NYS and NYC Human Rights Law Claims
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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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In Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…

Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s Condition
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In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…

Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish Baths
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In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
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