NYC Human Rights Law

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In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…

Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
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In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…

Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
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In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
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In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
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The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…

Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
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Below is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…

Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU
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The Appellate Division, First Department held, in Walzer v. Metropolitan Transportation Authority (decided May 13, 2014), that plaintiff’s gender discrimination claims should not have been dismissed: Applying the liberal pleading standards applicable to employment discrimination claims under the State and City Human Rights Law, plaintiff has stated causes of action for violations of the Human…

Read More First Department Reinstates Gender Discrimination Claims
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In Kaplan v. NYC Dept. of Health and Mental Hygiene (NY Sup. Ct. Kings Cty. Index No. 506658-2013), the court dismissed plaintiff’s sexual harassment and retaliation claims – asserted under the NYC Human Rights Law – arising from a male boss’s masturbating in front of his female subordinate. Plaintiff alleged that, at the beginning of a training…

Read More Male Boss Masturbating in Front of Female Subordinate Was Merely a “Trivial Inconvenience”, and Hence Not Sexual Harassment, Court Rules
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In Hernandez v. Edison Properties, 2013 NY Slip Op 33620(U) (N.Y. Sup. Ct. Index # 103762/12 March 31, 2013), the court dismissed a complaint under the “election of remedies” doctrine codified in the New York State Human Rights Law (NYSHRL), Executive Law 297(9). In this case, plaintiff asserted a discrimination complaint in the New York State Division of…

Read More “No Probable Cause” Finding by State Division of Human Rights Bars Subsequent Claims Under the “Election of Remedies” Doctrine
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Generally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…

Read More What is Sexual Harassment?
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