In Parker Waichman, LLP v. Mauro, No. 1215/12, 2019-13054, 2023 N.Y. Slip Op. 02014, 2023 WL 2994962 (N.Y.A.D. 2 Dept., Apr. 19, 2023), the court, inter alia, upheld a lower court’s finding in favor of defendant/counterclaim plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court summarized the…
Read More Sex-Based Hostile Work Environment Claim Upheld Against Law FirmIn Williams v. Genmill LLC, No. 652706/2020, 2023 WL 2650427, 2023 N.Y. Slip Op. 30942(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of gender discrimination under the New York State Human Rights Law. The plaintiff here alleged, among other things, that defendant…
Read More Absence of Employer/Employee Relationship Dooms NYS Human Rights Law Gender Discrimination ClaimIn Kaba v. Zara USA, Inc., No. 157434/2022, 2023 WL 2650422, 2023 N.Y. Slip Op. 30930(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s public accommodation discrimination claim under the New York State and City Human Rights Laws. From the decision: The Court is…
Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against ZaraIn Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…
Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently AllegedIn Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…
Read More Retaliation Claims, Arising From Termination Following Complaints About Sexual Orientation Discrimination, Survive Summary JudgmentIn a recent case, Ilana Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc., et al, 21 Civ. 5553 (LGS), 2023 WL 2691458 (S.D.N.Y. March 29, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s (a Jewish woman) claims of race- and religion-based discriminatory termination, in violation of Title VII…
Read More Jewish Employee’s Race/Religion-Based Discriminatory Termination Claim Survives Summary JudgmentIn Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…
Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense InapplicableIn Summerville v. Tradeweb Markets, LLC, No. 160245/2021, 2023 WL 2613131 (N.Y. Sup Ct, New York County Mar. 23, 2023), the court, inter alia, dismissed plaintiff’s race- and gender-based discrimination and hostile work environment claims asserted under the New York State and New York City Human Rights Laws. From the decision: Plaintiff alleges that the…
Read More Race/Gender Discrimination & Hostile Work Environment Claims DismissedIn White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…
Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment DismissalIn Grainger v. The City of New York, No. 158264/2019, 2023 WL 2307497 (N.Y. Sup Ct, New York County Feb. 27, 2023), the court denied defendant’s motion for summary judgment on on plaintiff’s (a lesbian woman) claims that she was subject to discrimination based on her sexual orientation. After summarizing the “black letter” law, the…
Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the City of New York