NYC Human Rights Law

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In Brathwaite v. Frankel (decided August 21, 2012), the Appellate Division, First Department unanimously reversed a lower court’s dismissal of plaintiffs’ disability discrimination claims under the New York City Human Rights Law. First, the court held that the trial court improperly treated defendants’ motion, brought under CPLR 3211(a)(7) and (10), as one for summary judgment because it…

Read More First Department Holds That Plaintiffs Adequately Pleaded Disability Discrimination Claim Under the NYC City Human Rights Law
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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In a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…

Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination Lawsuit
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Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

Read More Aspiring Model’s Sexual Harassment Lawsuit
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Below is a copy of the complaint filed on Wednesday, January 25th in New York State court against New York University and James Stuckey by Stephanie Bonadio, a director at NYU’s School of Continuing and Professional Studies.  Plaintiff alleged that NYU advised her “that her job no longer existed and that there was no specific…

Read More NYU Sexual Harassment Lawsuit
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In Bennett v. Health Mgt. Sys., Inc., 2011 NY Slip Op. 09206 (N.Y. App. Div. 1st Dept. Dec. 20, 2011), the Appellate Division, First Department for the first time provided “an examination of whether, and to what extent, the three-step burden-shifting approach set forth in McDonnell Douglas v Green (411 US 792 [1973]), must be…

Read More Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights Law
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In Nelson v. HSBC Bank USA (Sept. 13, 2011), the Appellate Division, Second Department clarified the standard governing “hostile work environment” discrimination claims – here, based on the plaintiffs’ race – brought under the NYC Human Rights Law.   Following a jury verdict for defendant, the appellate court ordered a new trial, finding that the jury…

Read More Court confirms breadth of hostile work environment claims under NYC Human Rights Law
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On August 30, 2011, Mayor Bloomberg signed into law amendments to the New York City Human Rights Law (specifically, to sections 8-102(18) and 8-107(3)(b) of the New York City Administrative Code) which effectively make it more difficult for an employer to refuse to accommodate an employee’s religious beliefs on the ground that the requested accommodation…

Read More Amendments to NYC Human Rights Law Provide Enhanced Protections Against Religious Discrimination in Employment
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