NYC Human Rights Law

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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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From St. Jean Jeudy v. City of New York, 2016 NY Slip Op 06045 (App. Div. 1st Dept. Sept. 15, 2016): It is undisputed that plaintiff made out the first three elements of his claim of invidious employment discrimination under the State and City [Human Rights Laws]. We find that he also made out the fourth…

Read More Accent-Based Race/National Origin Discrimination Claims Survive Motion to Dismiss
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The Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law all prohibit discrimination on the basis of a “disability”. The term “disability” is defined by the statutes in a specific way; thus a medical condition must come under the statutory definition of “disability” in order for a disability discrimination…

Read More What is a “Disability” Within the Meaning of the Anti-Discrimination Laws?
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Employment discrimination law is (for the most part) statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…

Read More Which Employment Discrimination Laws Protect New York City Workers?
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Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…

Read More What is an “Adverse Employment Action”?
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In Rogers v. Bank of New York Mellon, No. 09 CIV. 8551 (HBP), 2016 WL 4362204 (S.D.N.Y. Aug. 15, 2016), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s various claims, including hostile work environment, sexual harassment, and race/color pay discrimination. As to her hostile work environment claim,…

Read More “Crazy Black Bitch” Comment Insufficient to Establish Hostile Work Environment
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In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
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In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual…

Read More Sexual Harassment Plaintiffs’ Assertion of “Garden Variety” Emotional Distress Damages Does Not Authorize Extensive Medical Discovery
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A recent decision, Campisi v. The City University of New York & Dean George Ranalli, No. 15 CIV. 4859 (KPF), 2016 WL 4203549 (S.D.N.Y. Aug. 9, 2016), addresses the interplay between Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688). Plaintiff, a…

Read More Student Worker Plausibly Alleges Title IX Hostile Work Environment Sexual Harassment Claim Against CUNY
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In Green v. Rochdale Village Social Services, Inc., No. 15 CIV. 5824 (BMC), 2016 WL 4148322 (E.D.N.Y. Aug. 4, 2016), the court granted in part and denied in part defendants’ motion for summary judgment. Plaintiff – a van driver employed by a senior center – asserted that she was subjected to sexual harassment by a…

Read More Hostile Work Environment Claim Proceeds Based on Sexual Conduct by Non-Employee Senior Citizen Client
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