NYC Human Rights Law

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In Barone v. Emmis Communications Corp., 2016 Slip Op 31049(U), Index 155032/12 (N.Y. Sup. Ct. June 7, 2016), the court, per Judge Hagler, granted summary judgment to defendants and dismissed plaintiff’s gender discrimination claim under the NYC Human Rights Law. The decision summarizes the legal framework (the two methods, pretext and mixed-motive) for analyzing NYC…

Read More Spousal Jealousy, Not Gender, Was Basis for Termination; Court Dismisses NYC Human Rights Law Discrimination Complaint
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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In Vangas v. Montefiore Med. Ctr., No. 15-1514-CV, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit ruled for defendant on plaintiff’s claims that she was subjected to disability discrimination under the NYS and NYC Human Rights Laws, and that her COBRA notice was defective. In sum, plaintiff alleged that the defendant terminated…

Read More 2nd Circuit Considers NYSHRL Reasonable Accomodation Disability Discrimination; NYCHRL Applicability; COBRA Notice Requirements
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In Capek v. BNY Mellon, N.A., No. 15-cv-4155, 2016 WL 2993211 (S.D.N.Y. May 23, 2016) the court denied defendant’s motion to dismiss plaintiff’s race and religious discrimination claims. Plaintiff alleged in her federal court complaint, e.g., that “[i]n the mistaken belief that [she] is Jewish, she was required by her managers to cultivate clients in…

Read More Work Assignments Based on Perceived Jewish Faith Supports Race/Religious Discrimination Claims, Court Holds
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In Edwards v. Nicolai (N.Y. Sup. Ct. 160830/2013 May 13, 2016), NY Supreme Court Judge Shlomo Hagler dismissed plaintiff’s gender discrimination claim under the NYS and NYC Human Rights Laws. In her Amended Complaint, plaintiff Dilek Edwards alleged that she was terminated because of the jealousy of plaintiff’s boss’s wife, namely, that she thought plaintiff was…

Read More Court Dismisses Gender Discrimination Claims Based on Allegation That Plaintiff Was “Too Cute”
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In Hudson v. Merrill Lynch & Co., No. 156706/13, 2016 WL 1453976 (N.Y. App. Div. 1st Dept. Apr. 14, 2016), the court affirmed the dismissal of plaintiffs’ gender discrimination claims, under the NYC Human Rights Law, against Merrill Lynch. The court summarized the law: A motion for summary judgment dismissing a City Human Rights Law…

Read More Gender Discrimination Claim Against Merrill Lynch Dismissed
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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The NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…

Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement Guidance
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In Hernandez v. Kaisman, 2016 WL 1737263 (N.Y. App. 1st Dept. May 3, 2016), the court affirmed the lower court’s award of attorney fees in the amount of $264,612.50. The New York City Human Rights Law provides for an award of a reasonable attorney fee to the prevailing party. In upholding the fee award in…

Read More Court Explains Decision to Affirm $264,612.50 Attorney Fee Award in Gender Discrimination/Hostile Work Environment Case
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