NYC Human Rights Law

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A recent federal court decision illustrates the rights that tenants, particularly those in New York City, have against discrimination outside the employment context. In Ponce v. 480 East 21st Street LLC, the court held that plaintiff stated a sex discrimination claim under the New York City Human Rights Law, and retaliation claims under that statute…

Read More Tenant States Claims Under the Fair Housing Act and New York City Human Rights Law Following Sexual Harassment By Superintendent
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In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

Read More Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law
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Although unpaid interns recently obtained a court victory on the wage and hour front (i.e., a ruling that they are “employees” under federal and state wage/hour laws), Southern District Judge P. Kevin Castel recently issued them a defeat on the discrimination/harassment front. In Wang v. Phoenix Satellite Television US Inc., the court dismissed an intern’s…

Read More Court Holds That Unpaid Interns Are Not Protected From Sexual Harassment Under the New York City Human Rights Law
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The New York City Council recently (and unanimously) passed the Pregnant Workers Fairness Act, which will broaden the New York City Human Rights Law to include enhanced protections for pregnant workers.  (You can read more about the new legislation on the City Council’s website; Think Progress also summarizes it here.) The New York City Human Rights Law…

Read More New York City Council Passes “Pregnant Workers Fairness Act”
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Today Judge Reyes of the Eastern District decided Cabrera v. Fresh Direct, which narrowly interprets the waiver provision of New York’s Whistleblower Statute, Labor Law § 740. Plaintiff initially alleged gender and disability discrimination claims under the New York City Human Rights Law.  She then sought to amend her complaint to add a § 740 claim. That claim…

Read More City Human Rights Law Claims Are Not Barred By Whistleblower Law’s Election of Remedies Provision
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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Below is the complaint recently filed by plaintiff John Gorman against Coviden Sales, LLC and Dale Kelly. Plaintiff alleges that he was treated unfairly and subjected to discrimination based on his disability, namely, Post-Traumatic Stress Disorder (PTSD). Specifically, plaintiff claims that after telling defendant Kelly that he is a Navy Veteran who served in Operation Desert Storm and…

Read More PTSD Disability Discrimination Lawsuit
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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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