NYC Human Rights Law

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A recent decision, Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, addresses the question of who is an “employer” under the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff claims that the defendant law firm unlawfully terminated him as a chauffeur/driver after…

Read More Discrimination Plaintiff Raises Question of Fact as to Whether Law Firm Was His “Employer”
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In Godbolt v Verizon N.Y. Inc., the Appellate Division, First Department affirmed the dismissal of plaintiff’s claims that he was terminated from his employment on the basis of his race and past criminal convictions in violation of the New York State and City Human Rights Laws. “Defendant explained that it terminated plaintiff because he failed to…

Read More Court Holds That “Stray Remarks” Doctrine May Apply to Claims Brought Under the New York City Human Rights Law
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In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
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Below and here is the complaint filed this week in New York State Supreme court by Christina Young against Steven Hall & Partners LLC and Steven Hall personally. Plaintiff alleges, among other things, that “Hall and others have instigated and engaged in making numerous inappropriate verbal comments and other sexually suggestive activities”, including “encouraging female Managing…

Read More Sexual Harassment and Hostile Work Environment Lawsuit Against Steven Hall & Partners
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In a recent decision, the Southern District of New York recently denied defendant UBS Financial Services’ motion for summary judgment on plaintiff’s claims that she was terminated in retaliation for complaining about a co-worker’s sexist comment, and because of her revelation that she is gay. Shortly before plaintiff’s termination, plaintiff told the company that she had…

Read More Retaliation and Sexual Orientation Discrimination Claims Continue Against UBS
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Below is the state court complaint recently filed by Emily Feliciano against Starbucks and assistant manager Anthony Nunez. Among other things, plaintiff alleges that Nunez sexually harassed plaintiff verbally (such as by making an obscene observation that she was “wet”, telling her to call him “daddy”, and demanding sex) and physically (such as by trapping her…

Read More Sexual Harassment Lawsuit Against Starbucks
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In Pryor v. Jaffe & Asher, the Southern District of New York held that plaintiff adequately stated claims for hostile work environment, gender discrimination, and constructive discharge. Here are the facts, taken from plaintiff’s complaint: Defendant Jaffe & Asher is a law firm doing business in New York, New York. Defendant Jeffrey Tseng, an employee…

Read More Plaintiff Sufficiently Alleged Hostile Work Environment, Gender Discrimination, and Constructive Discharge Claims Against Law Firm
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A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint
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In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue
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In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
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