NYC Human Rights Law

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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-0636, 2017 WL 5991757 (S.D.N.Y. Dec. 1, 2017), the SDNY granted in part and denied in part defendant Federal Reserve Bank of New York’s motion to dismiss. As to plaintiff’s claim under the NYC Human Rights Law, the court explained: Plaintiff alleges that Crouch [plaintiff’s…

Read More Race, Color, National Origin Discrimination Claims Survive Against Federal Reserve Bank of New York
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In Estevez v. S & P Sales and Trucking LLC et al, 17-cv-1733, 2017 WL 5635933 (S.D.N.Y. Nov. 22, 2017), the court held that plaintiff sufficiently alleged a race discrimination claim under 42 U.S.C. 1981. In sum, plaintiff – a male of Hispanic race and Dominican national origin – was terminated by defendants, allegedly on…

Read More Race & National Origin Discrimination Claims Sufficiently Pled; Complaint Sufficiently Alleged That Defendants Treated a Similarly Situated Employee in Different Racial Group More Favorably Than Plaintiff
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In Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…

Read More NYS Human Rights Law Claims Fail Under Federal Pleading Standard
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In Chauca v. Abraham, 2017 NY Slip Op 08158, 2017 WL 5557932 (N.Y. Nov. 20, 2017), the New York Court of Appeals – answered a certified question from the U.S. Court of Appeals for the Second Circuit – regarding the appropriate standard applicable for when punitive damages may be awarded under the New York City Human…

Read More New York’s Highest Court Clarifies Standard for Punitive Damages Under the New York City Human Rights Law
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Here is an excerpt from the NYC Commission on Human Rights’ November 16, 2017 press release regarding its efforts to enforce the recently-enacted Fair Chance Act: The NYC Commission on Human Rights announced charges today against 12 local and national businesses for violating the Fair Chance Act, including Estée Lauder, Family Dollar, Kroll Associates, Tavern on…

Read More NYC Commission on Human Rights Files Complaints Against Several Companies for Violating the Fair Chance Act
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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In Chakraborty v. Valentina Soto & The Riverside Church, 16-cv-9128, 2017 WL 5157616 (S.D.N.Y. Nov. 6, 2017), the court explained and applied the “election of remedies” doctrines codified in the New York State and City Human Rights Laws. Specifically, it held that that doctrine deprived it of subject matter jurisdiction to hear plaintiff’s NYSHRL and NYCHRL…

Read More Broadly-Construed “Election of Remedies” Doctrine Operates to Deprive Federal Court of Subject-Matter Jurisdiction Over NYS and NYC Human Rights Law Claims
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From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with…

Read More Gender/Pregnancy Discrimination Case Survives Summary Judgment
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In Castillo v. Montefiore Med. Ctr., 2017 NY Slip Op 07769 (App. Div. 1st Dept. Nov. 9, 2017), the First Department affirmed the dismissal of plaintiff’s pregnancy discrimination claims under the New York State and City Human Rights Laws. Here are the facts, as summarized by the court: On August 6, 2012, defendant hired plaintiff as a…

Read More Pregnancy Discrimination Dismissal Affirmed; Court Cites Negative Performance Feedback and Employer’s Lack of Knowledge of Pregnancy
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