In Anderson v. City of New York, 2024 WL 183103 (S.D.N.Y. Jan. 17, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. As to plaintiff’s claim under Title VII of the Civil Rights Act of 1964, the court explained: Plaintiff alleges after FDNY assigned her to the morning shift,…
Read More FDNY Paramedic’s Hostile Work Environment Claims DismissedIn Sanchez v. Hersha Hospitality Trust, No. 155483/2022, 2024 WL 129992 (N.Y. Sup Ct, New York County Jan. 11, 2024), the court, inter alia, held that plaintiff sufficiently asserted a claim of discrimination based on criminal conviction history under the New York City Human Rights Law. From the decision: Plaintiff has sufficiently pled a prima…
Read More NYCHRL Discrimination Claim, Based on Conviction Record, Survives DismissalIn Doe v. New York City Department of Education and Mark Waltzer, 2024 WL 149289 (E.D.N.Y. Jan. 12, 2024), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claims of sex-based discrimination asserted under the New York City Human Rights Law. This case arises from plaintiff Doe’s allegations that, when she…
Read More Student’s NYC Human Rights Law Sexual Harassment Claim Survives Summary JudgmentIn Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sex discrimination and sexual harassment under the New York State and New York City Human Rights Law. From the decision: It is…
Read More Sexual Harassment, Sex Discrimination Claims Survive Dismissal Against High Hopes Films, LLC, Court RulesIn Belvin v. Electchester Management, LLC, 17-CV-6303 (NGG) (PK), 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim, based on the “adverse action” of denying plaintiff his Christmas bonus. From the decision: Mr. Mayers has adduced sufficient evidence from which a juror…
Read More Disability Discrimination Claim, Arising From Withholding of Christmas Bonus, Survives Summary JudgmentIn Newson v. Vivaldi Real Estate Ltd., No. 452625/2022, 2023 WL 8846564 (N.Y. Sup Ct, New York County Dec. 21, 2023), the court denied defendants’ motion to reargue/for reconsideration of the court’s denial of defendants’ motion to dismiss plaintiff’s claim of housing discrimination, based on lawful source of income, under the New York City Human…
Read More Housing Discrimination Owner Defendants Vicariously Liable, in Source-of-Income Discrimination Case, for Acts of Real Estate Agent, Court HoldsIn a recent case, Starks v. Metropolitan Transp. Authority, No. 155317/2022, 2023 WL 8035649, 2023 N.Y. Slip Op. 34133(U) (N.Y. Sup Ct, New York County Nov. 17, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/gender discrimination complaint on the ground that it is barred under the “election of remedies” doctrine of…
Read More Dual-Filing With the EEOC and New York State Agency Did Not Trigger Election of Remedies, Court HoldsIn Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…
Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently AllegedIn Marcus v. The City of New York, No. 152651/2022, 2023 WL 8570843 (N.Y. Sup Ct, New York County Dec. 11, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claim . From the decision: Defendants’ motion to dismiss plaintiffs hostile work environment claim based upon her gender is…
Read More Sex and Disability-Based Hostile Work Environment Claims Sufficiently Alleged by NYPD Sergeant, Court HoldsIn Andrade v. Cultural Care, Inc., Michael Esposito, and Danielle Esposito, 2023 WL 8622653 (E.D.N.Y. Dec. 13, 2023), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims of employment discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. In sum, plaintiff, an au pair,…
Read More Au Pair’s Hostile Work Environment and Constructive Discharge Claims, Arising From Discovery of Hidden Camera, Survive Summary Judgment