NYC Human Rights Law

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In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
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In Ananiadis v. Mediterranean Gyros Prods., Inc., 2017 NY Slip Op 05058 (N.Y. App. Div. 2d Dept. June 21, 2017), the court held that the lower court erred by dismissing plaintiffs’ aiding-and-abetting sexual harassment, and retaliation, claims under the New York State and City Human Rights Laws. The court summarized the plaintiffs’ allegations: The plaintiffs…

Read More NY Appellate Court Reinstates Sexual Harassment Claims; Explains Imposition of Individual Liability Under the State and City Human Rights Laws
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In a recently-filed New York state court complaint, captioned Bardiovsky v. Byo Co. d/b/a EN Japanese Brasserie (NY Sup. Ct. NY Cty. 155558/2017 June 19, 2017), plaintiff alleges (inter alia) that “celebrity chef” Abe Hiroki “regularly made sexually suggestive comments to Plaintiff”, “told Plaintiff to touch a vegetable that he said looked like a vibrator”,…

Read More Sexual Harassment Lawsuit Against EN Japanese Brasserie and “Celebrity Chef” Abe Hiroki
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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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