NYC Human Rights Law

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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her retaliation claim under the NYC Human Rights Law.…

Read More Retaliation Claim, Based on Reaction to Sexual Harassment Complaints, Survives Summary Judgment Against NYC Dept. of Education
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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her claims of gender discrimination (hostile work environment sexual…

Read More Hostile Work Environment (Sexual Harassment) Claim Against Department of Education Survives Summary Judgment
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From Hammond v. New York-Presbyterian Hosp./Columbia University Medical Center, 2018 WL 1448072 (N.Y.Sup.), 2018 N.Y. Slip Op. 30472(U) (NY Sup. Ct. March 20, 2018): The allegations in plaintiff’s complaint do not make out a claim for hostile work environment based on her religion under either the state or local human rights laws. Plaintiff includes only three…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated; “Bible Ridicule” (Among Other) Allegations Insufficient
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Below is the complaint, captioned Davis v. Rue La La, NY Sup. Ct. NY Cty. 152558/2018 (filed March 22, 2018), in which plaintiff asserts (inter alia) that defendant “treated [plaintiff] less well because it perceived her as disabled, which culminated in [plaintiff]’s termination” and that “[t]he circumstances surrounding [defendant]’s conduct towards [plaintiff], including HR’s discriminatory…

Read More Perceived-As Disability (Alcoholism) Discrimination Lawsuit Against Rue La La
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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In Cook v. Emblem Health Services Co., LLC,2018 NY Slip Op 30460(U), 2018 WL 1399351 (N.Y.Sup. Ct. March 16, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claim. In reaching this conclusion, it addressed the use of so-called “racially coded” language – i.e., language that is facially benign but that may actually have a…

Read More Race Discrimination Claim Dismissed Against Emblem Health, Notwithstanding Alleged Use of “Racially Coded” Language
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In Chauca v. Abraham, 2018 WL 1352351 (2d Cir. March 16, 2018), the U.S. Court of Appeals for the Second Circuit held that the district court erred in declining to submit the question of punitive damages to the jury under the New York City Human Rights Law. In a prior opinion,[1]Chauca v. Abraham, 841 F.3d…

Read More 2d Circuit: Lower Court Mistakenly Applied Higher Standard for Punitive Damages Under the NYC Human Rights Law
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In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…

Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”
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In Graham v. Goodwill Industries, Inc., 16-cv-6468, 2018 WL 1318988 (EDNY March 14, 2018), the court held, inter alia, that it did not have subject matter jurisdiction over plaintiff’s sexual harassment claims under the New York State and City Human Rights Laws.[1]The court also, inter alia, dismissed plaintiff’s hostile work environment claims under Title VII of…

Read More Federal Court Lacked Subject Matter Jurisdiction Over Sexual Harassment Claims Adjudicated at State Agency
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In Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the…

Read More Public Accommodation Sexual Harassment is Actionable Under the NYC Human Rights Law, Court Holds
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