NYS Human Rights Law

In Campbell v. New York City Department of Education et al, No. 14634, 2020-02035, 32672/18E, 2021 N.Y. Slip Op. 06918, 2021 WL 5828645 (N.Y.A.D. 1 Dept., Dec. 09, 2021), the court, inter alia, held that plaintiff sufficiently a claim of race-based hostile work environment under the New York City Human Rights Law (NYCHRL). This decision…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against NYC Dept. of Education Under City Law
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In Cruz v. City of New York et al, No. 21-cv-1999, 2021 WL 5605139 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, held that plaintiff stated claims for disability discrimination in the form of a failure to accommodate under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the…

Read More Disability Discrimination (Failure to Accommodate) Claim Sufficiently Alleged Against NY Health & Hospitals Corp.
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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged…

Read More Retaliation Claim, Arising From Termination Following Sexual Harassment Complaint, Dismissed
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In Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…

Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con Edison
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In Wilson v. JPMorgan Chase Bank, N.A., et al, 20-cv-4558, 2021 WL 5179914 (S.D.N.Y. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a race-based hostile work environment under the New York State and City Human Rights Laws. Beginning with the City Law, the court explained: [Plaintiff’s Second Amended Complaint]…

Read More Race-Based Hostile Work Environment Sufficiently Alleged Against JPMorgan Chase Bank Under the NYS and NYC Human Rights Law
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In Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…

Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLC
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In Cagino v. Meg Levine et al, No. 532458, 2021 WL 5113121 (N.Y.A.D. 3 Dept. Nov. 04, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s age discrimination claim asserted under the New York State Human Rights Law. After affirming the dismissal of plaintiff’s religious discrimination claim, the court explained: We reach a similar…

Read More Age Discrimination Complaint Properly Dismissed; Court Holds That Allegations of Replacement by Person of Unspecified Age, and Retirement Inquiries, Were Insufficient
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In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…

Read More Retaliation Claim, Arising From Sexual Harassment Complaints, Survives Dismissal
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In Patalonis v. Outreach Development Corp., 19-CV-01306, 2021 WL 5013796 (E.D.N.Y. Oct. 27, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. As to Title VII, the court explained: To establish…

Read More Religious Discrimination Claims Survive Dismissal; Termination Followed Advising Patient to Pray
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In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
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