NYC Human Rights Law

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Over the years, courts have developed a sophisticated burden-shifting analysis and framework for evaluating employment discrimination and retaliation claims under the various anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. A recent decision explains why a jury should not be…

Read More 2d Circuit Highlights The Difference Between Roles of Judge and Jury in Employment Discrimination Case
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In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and…

Read More Age Discrimination Sufficiently Alleged Against Ad Company Adloox, Inc.
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In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
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In a recently-filed sexual harassment lawsuit, captioned Green v. Exusia, Inc. and Trevor Silver (N.Y. Sup. Ct. Index # 151989/2017, filed March 1, 2017), plaintiff (a lawyer) asserts claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws against defendants Exusia, Inc. (a New York based…

Read More “Sexually Explicit Stories About Strippers” Among Allegations in Sexual Harassment Lawsuit Against Exusia, Inc.
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In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claims. From the decision: In moving for summary judgment dismissing plaintiff’s claims for age-based employment discrimination under…

Read More Age Discrimination Claims Properly Dismissed; Suspicion of Theft Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS),…

Read More Court Cites and Applies the Doctrine of “Constructive Involuntary Transfer” in Teachers’ Race Discrimination Case Against the New York City Department of Education
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A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…

Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company
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In a recently-filed New York state court lawsuit, Valenti v. American International Group et al. (NY Sup. Ct. NY Cty. 150678/2017, filed 1/20/17), plaintiff asserts claims of sexual harassment, hostile work environment, and retaliation under the New York City and State Human Rights Laws. In her complaint, plaintiff describes the atmosphere at the company as…

Read More Sexual Harassment Lawsuit Against AIG
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…

Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights Law
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