NYC Human Rights Law

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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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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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In Santiago v. Crown Heights Center for Nursing and Rehabilitation, 2017 WL 4410807, at *4 (E.D.N.Y. Sept. 30, 2017), the court held that a default judgment may be entered against an individual defendant on plaintiff’s claims of discrimination. As to plaintiff’s claims under the New York State and City Human Rights Laws, the court explained:…

Read More Employment Discrimination Claims Stated Against Individual Defendant
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In Makinen v. City of New York, 2017 NY Slip Op 07208, 2017 WL 4621717 (N.Y. Ct. App. Oct. 17, 2017) (J. Fahey), the Court of Appeals of New York – the state’s highest court – addressed the following certified question: Do sections 8–102(16)(c) and 8–107(1)(a) of the New York City Administrative Code preclude a plaintiff…

Read More NY Highest Court: Discrimination Based on Perception of Untreated Alcoholism Not Actionable Under the NYC Human Rights Law
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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In Shirazi v. New York Univ., 2017 NY Slip Op 32013(U) (Sup. Ct. NY Cty. Index No. 161303/2014 Sept. 25, 2017) – in which plaintiff asserts claims of discrimination based on religion, race, national origin, disability, and retaliation – the court discussed and applied the “continuing violation” doctrine under the New York State and City…

Read More Court Explains and Applies the “Continuing Violation” Doctrine Applicable to Hostile Work Environment Claims Under the New York State and City Human Rights Laws
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In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among…

Read More Male Worker’s Gender Discrimination Among Claims Surviving Dismissal
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