NYS Human Rights Law

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In Moody, Amanda v. Empire Hotel Development, Inc., et al, No. 20-CV-02203 (PMH), 2023 WL 5480729 (S.D.N.Y. August 24, 2023), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s race-based discrimination (demotion) claim. From the decision: Moody also contends that she was demoted in mid-July 2019. Moody testified that a few weeks…

Read More Race-Based Discrimination (Demotion Only) Claims Survive Summary Judgment
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In Newman v. Intern. Institute for the Brain (Ibrain), No. 150459/2023, 2023 WL 5350997 (N.Y. Sup Ct, New York County Aug. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL,…

Read More Hostile Work Environment Claims Sufficiently Alleged Against Institute for the Brain
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In Asad v. Mahoney et al, No. 9686/2011, 2023 WL 4565032, 2023 N.Y. Slip Op. 32625(U) (N.Y. Sup Ct, Kings County July 17, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ race-based hostile work environment claim under the New York City Human Rights (but not the New York State Human…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Threat of Violence, Derogatory Language, and Shorting Work Hours
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In Faith v. Dara Khosrowshahi, Uber Technologies, Inc., et al, 2023 WL 5278126 (E.D.N.Y. August 16, 2023), the court (albeit in a footnote) provides guidance on the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The court explained, in sum, that the EFAA only applies to sexual…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Held Inapplicable to Non-Sexual Harassment/Assault Employment Discrimination Claims
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In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
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In Blumstein-Torrella v. New York City Department of Education et al, 19-cv-3492 (ALC), 2023 WL 5097873 (S.D.N.Y. August 9, 2023), the court, inter alia, dismissed plaintiff’s claims for religious discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Religious Discrimination Claims Dismissed Against the NYC Department of Education
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In Brouillard v Sunrun, No. 2020-03610, 518516/19, 2023 N.Y. Slip Op. 04184, 2023 WL 5063992 (N.Y.A.D. 2 Dept., Aug. 09, 2023), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claim of disability discrimination in violation of the New York City Human Rights Law. The court summarized the facts as follows:…

Read More Job Offer Rescission Following Positive Marijuana Test Stated Claim Under NYC, But Not NYS, Disability Discrimination Law
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In Silvers v Jamaica Hospital, No. 2021-00446, 620936/19, 2023 N.Y. Slip Op. 03938, 2023 WL 4751994 (N.Y.A.D. 2 Dept., July 26, 2023), the court reversed a lower court determination dismissing plaintiff’s claims of sex discrimination asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s discrimination claims as follows: The…

Read More Sex Discrimination Claims Sufficiently Alleged Against Jamaica Hospital
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In Martino v. Chenel Capital, LLC, No. 154267/2022, 2023 WL 4547887 (N.Y. Sup Ct, New York County July 11, 2023), the court dismissed plaintiff’s claims for hostile work environment asserted under the New York State and City Human Rights Laws. Defendant failed to appear, and an inquest was held. From the decision: Here, the defendant’s…

Read More Hostile Work Environment Claims Dismissed; Alleged Discomfort Insufficient; Damages Not Proven
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In Simmons v. Village Plumbing & Heating NY Inc., No. 652787/2022, 2023 WL 4323562, 2023 N.Y. Slip Op. 32203(U) (N.Y. Sup Ct, New York County June 16, 2023), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. From the decision: Defendants insist that…

Read More Disability Discrimination Claims Sufficiently Alleged; Return to Work Day After Injury Not Dispositive
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