In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…
Read More Sex-Based Discrimination / Pay Disparity Claims Survive in PartIn Estep v. Brenner, No. 159639/2022, 2023 WL 3889780 (N.Y. Sup Ct, New York County June 08, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law (but not the New York State Human Rights Law). This decision, as such, illustrates the…
Read More Derogatory Remarks, Rumors Support Sufficiently-Alleged Hostile Work Environment Claim Under the New York City Human Rights LawIn Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…
Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court HoldsIn Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Finally, the complaint adequately alleges claims for unlawful…
Read More Retaliation Claims Sufficiently Alleged; Vandalism etc. Followed Witness ParticipationIn Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…
Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” RemarkIn Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…
Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From DismissalIn Mackenzie v. New York City Dept. of Education, No. 21-CV-5711-LTS, 2023 WL 2711848 (S.D.N.Y. March 30, 2023), the court denied defendants’ motion to dismiss plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…
Read More Teacher Plausibly Alleges Age Discrimination, Court HoldsIn Miranda v. YBJ Incorporated, 2023 WL 3122876, at *2–3 (S.D.N.Y. April 27, 2023), the court dismissed plaintiff’s employment discrimination claim ,asserted under the New York State Human Rights Law. From the decision: Defendants argue the Court may not exercise supplemental jurisdiction over plaintiff’s NYSHRL claim3 because it arises from facts unrelated to plaintiff’s FLSA…
Read More Discrimination Claim Dismissed for Lack of Subject Matter Jurisdiction; Wage Claim ContinuesIn Roman v. City of New York, No. 161413/2021, 2023 WL 3225419 (N.Y. Sup Ct, New York County Apr. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age and race-based discrimination and hostile work environment claims under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges…
Read More Age- and Race-Based Discrimination Claims Sufficiently Alleged Against NYC Under the NYS and NYC Human Rights LawsIn McCourt v. Fashion Institute of Technology, No. 162044/2018, 2023 WL 3175057 (N.Y. Sup Ct, New York County May 01, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim. Here, the first three elements of a discrimination claim are not disputed as plaintiff belongs to a protected class,…
Read More Age Discrimination Claim Dismissed Against Fashion Institute of Technology