NYS Human Rights Law

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In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of retaliation under 42 U.S.C. § 1981 and the New York State and City Human Rights Laws. As to plaintiff’s section…

Read More Retaliation Claims Sufficiently Alleged; Demotion & Termination Followed Complaints of Exclusion of Employees of Color
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In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of hostile work environment under the New York State and City Human Rights Laws (but not under 42 U.S.C.…

Read More Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws, But Not Section 1981
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In Moy v. Napoli Shkolnik, PLLC et al, 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claim of employment discrimination asserted under 42 U.S.C. § 1981 (as well as under the New York State and City Human Rights Laws). After…

Read More Chinese American Attorney Sufficiently Alleges Race, Gender Discrimination, Court Holds
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In Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male Employees
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In Silverthorne v. The City of New York, No. 507047/2023, 2024 WL 3312436 (N.Y. Sup Ct, Kings County July 05, 2024), the court granted the defendant’s motion to dismiss plaintiff’s claims of race/gender discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Accepting the facts…

Read More Race/Gender Discrimination, Hostile Work Environment Claims Dismissed; “Ambiguous” Allegations as to “Angry Black Woman” Comment Insufficient
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In Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…

Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of Disability
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In Holloway v. City of New York, No. 155025/2023, 2024 WL 3203274 (N.Y. Sup Ct, New York County June 27, 2024), the court denied defendant’s motion to dismiss plaintiff’s claim of arrest-record discrimination under the New York State and City Human Rights Laws. From the decision: Turning to CPLR § 3211 (a)(7), the court finds…

Read More Arrest-Record Discrimination Claims Survive Dismissal, Court Holds
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 211 N.Y.S.3d 71, 2024 N.Y. Slip Op. 03228, 2024 WL 2964264 (N.Y.A.D. 1 Dept., June 13, 2024), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York State and City Human…

Read More Alleged Racial Comments, in Context of Sexual Harassment, Signaled Discriminatory Views on Race in Workplace, Court Holds
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In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…

Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court Holds
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In Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…

Read More NYPD Lieutenant Sufficiently Alleges Gender Discrimination
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