NYC Human Rights Law

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Schlosser v. Time Warner Cable Inc., No. 14CV9349, 2017 WL 2468975 (S.D.N.Y. June 7, 2017) (J. Pauley), a recent federal court decision, highlights the difference between federal anti-discrimination law (here, the Age Discrimination in Employment Act) and the comparatively broader New York City Human Rights Law. The court dismissed plaintiff’s ADEA claim, holding that the…

Read More ADEA Age Discrimination Claim Dismissed; NYC Human Rights Law Age Discrimination Claim Survives (Sort Of)
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In Bantamoi v. St. Barnabas Hosp., 146 A.D.3d 420, 420–21, 44 N.Y.S.3d 398, 399 (N.Y. App. Div. 1st Dept. Jan. 3, 2017), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. This case addresses one issue that arises in most, if not all, retaliation cases:…

Read More NYC Human Rights Law Retaliation Claim Properly Dismissed; Too Much Time Between Protected Activity and Adverse Action
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From Gallagher v. AEG Mgmt. Brooklyn, LLC, No. 16-CV-4779, 2017 WL 2345658 (E.D.N.Y. May 30, 2017): Dasaro contends that Gallagher did not allege facts that the harassment he suffered was gender-based. ECF 28-1, Dasaro Memo of Law (“Dasaro MOL”), at pp. 4-8. The Court disagrees, and holds that the Complaint adequately pleads that Gallagher suffered…

Read More Male Plaintiff Sufficiently Alleges Gender Discrimination Under the NYC Human Rights Law
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In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since…

Read More Federal Discrimination Claims Not Barred By State and City Law Election of Remedies, Court Holds
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In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she…

Read More Race Discrimination, Hostile Work Environment Claims Continue; Associational Disability Discrimination Claim Dismissed
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In Grimes-Jenkins v. Consolidated Edison Co., No. 16-cv-4897, 2017 WL 2258374 (S.D.N.Y. May 22, 2017), the court held, inter alia, that plaintiff – an African American woman – plausibly alleged gender and race discrimination claims under the NYC Human Rights Law. As to her gender discrimination claim, the court held: The plaintiff makes numerous timely…

Read More Gender, Race Discrimination Claims Plausibly Alleged Under the NYC Human Rights Law Against Con Edison
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In Makinen v. City of New York (2d Cir. 16-973 May 22, 2017), the court certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) 7 and 8‐107(1)(a) of the New York City Administrative Code preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism? This…

Read More 2nd Circuit Certifies Question to New York Court of Appeals Regarding Disability Discrimination Claims of “Perceived Alcoholism”
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In Hruska v. Bohemian Citizens’ Benevolent Socy. of Astoria, Inc., 2017 NY Slip Op 30423(U) (NY Sup. Ct. NY Cty. 158593/2014 March 2, 2017) – a national origin discrimination and retaliation case – the court granted plaintiff’s motion for leave to reargue (under CPLR 2221(d)(2)) the court dismissal of plaintiff’s retaliation claim under the New York…

Read More Retaliation Claim Proceeds Based on Temporal Proximity Between Lawyer’s Demand Letter and Adverse Action
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In Santiago v. Bernard F. Dowd, Inc., 2017 NY Slip Op 30791(U) (NY Sup. Ct. NY Cty. 160442/13, April 18, 2017) (J. Jaffe), the court denied defendant’s motion for summary judgment on plaintiff’s claim of same-sex hostile work environment sexual harassment under the New York City Human Rights Law. Plaintiff, a funeral director, presented evidence…

Read More “Corpse Genitalia” Sexual Harassment Case Survives Summary Judgment
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On May 4, 2017, New York City Mayor Bill de Blasio signed Introduction 1253-2016, a Local Law law that prohibits all NYC employers from inquiring about a prospective employee’s salary history. It takes effect 180 days after enactment. The Mayor underscored the purpose of the law, namely, stamping out income inequality: It is unacceptable that…

Read More Mayor de Blasio Signs Law Prohibiting Salary Inquiries
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