NYS Human Rights Law

In Kagel-Betts v Warren, No. 601810/2023, 81 Misc. 3d 1233(A), 202 N.Y.S.3d 723, 2024 N.Y. Slip Op. 50055(U), 2024 WL 237743 (N.Y. Sup. Ct. Suffolk Cty. Jan. 12, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. As to that claim, the court explained:…

Read More Court Dismisses Hostile Work Environment Claim, Citing Lack of Examples of Alleged Conduct
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In Phillips v. Fashion Institute of Technology et al, No. 23-375-cv, 2024 WL 1005500 (2d Cir. March 8, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court’s summary judgment on her retaliatory hostile work environment claims against an individual defendant who, according to plaintiff, threatened to “kill” her.…

Read More 2nd Circuit Vacates Dismissal of Black FIT Employee’s Retaliatory Hostile Work Environment Claims
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…

Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Dedewo v. CBS Corp., No. 158386/2022, 2024 WL 184496, 2024 N.Y. Slip Op. 30217(U) (N.Y. Sup Ct, New York County Jan. 16, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of discrimination on the ground of “res judicata”. From the decision: As to discrimination, the elements necessary for a claim…

Read More Discrimination Claim Dismissed, on Res Judicata Grounds, Due to Federal Court Determination
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In O’Sullivan et al v. Jacaranda Club, LLC et al, No. 1779, 2023-04923, 2024 WL 847860 (N.Y.A.D. 1 Dept., Feb. 29, 2024), the court affirmed the lower court’s decision granting defendant’s motion to compel arbitration of their sexual harassment and other claims. From the decision: Asserting claims under New York State and City Human Rights…

Read More Sexual Harassment Claims Subject to Arbitration Agreement; EFAA Inapplicable, Court Rules
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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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