NYC Human Rights Law

In Fisher v. Mermaid Manor Home for Adults, LLC, No. 1:14-CV-03461-WFK-JO, 2016 WL 7330554 (E.D.N.Y. Dec. 16, 2016), the court upheld a jury verdict for an African American plaintiff on her employment discrimination claims. This employment discrimination case, asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, “began…

Read More Court Upholds Jury Verdict in “Instagram Planet of the Apes” National Origin Discrimination Lawsuit
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In a recently-filed NY Supreme Court lawsuit captioned Salvat v. Construction Resources Corp et al., plaintiff (a female iron worker) asserts, inter alia, that a male employee (Anthony Sango) threatened to tell her fiance that she was speaking to a shop steward, unless she gave him her panties and then photographed her while she was…

Read More Female Construction Worker’s Sexual Harassment Lawsuit Includes Allegation that Male Co-Worker Took Pictures of Her in the Bathroom
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In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…

Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
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In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York…

Read More Age Discrimination Claims Not Barred By the New York Whistleblower Law’s Waiver Provision
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In Ellison v. Chartis Claims, Inc., 2016 NY Slip Op 51336(U), 53 Misc 3d 1203(A) (N.Y. Sup. Ct. Kings Cty. Sept. 23, 2016), the court dismissed plaintiff’s race discrimination (including wrongful termination, salary discrimination, and failure to promote), retaliation, hostile work environment, and other claims. Among other things, the decision provides an instructive point regarding the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Dismissed Against AIG
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In a lawsuit filed in New York State Court on 11/22/16, captioned Corcoran v. Siebert Cisneros Shank Co LLC et a (Index No. 159868/2016), plaintiff asserts that “[h]is working environment … more closely resembled a rowdy teenage boys’ locker room than a professional trading floor at a well-regarded Wall Street firm.” This allegation evokes president-elect Donald…

Read More Sexual Harassment Lawsuit Against Siebert Cisneros Shank
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In Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…

Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently Pled
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From James v. City of N.Y., No. 157296/14, 2016 WL 6637734 (N.Y. App. Div. 1st Dept. Nov. 10, 2016): Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination…

Read More Correction Officer Sufficiently Alleges Sexual Orientation Discrimination Under the NYC Human Rights Law
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code…

Read More Second Circuit Addresses the Standard for Punitive Damages Under the NYC Human Rights Law
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