NYS Human Rights Law

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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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In Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…

Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.
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In Hutting v. Independent Living, No. 2017-09639, 6011/15, 2021 N.Y. Slip Op. 05551, 2021 WL 4763056 (N.Y.A.D. 2 Dept., Oct. 13, 2021), the court affirmed the dismissal of plaintiff’s claims of sexual orientation discrimination, as well as retaliation under the Family & Medical Leave Act. As to plaintiff’s discrimination claims, the court explained: The Supreme…

Read More Sexual Orientation Discrimination, FMLA Claims Properly Dismissed
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In Ajoku v. New York State Office of Temporary and Disability Assistance, et al., No. 14321, 159104/18, 2020-02370, 2021 N.Y. Slip Op. 05394, 2021 WL 4597024 (N.Y.A.D. 1 Dept., Oct. 07, 2021), the court, inter alia, held that plaintiff sufficiently alleged national origin discrimination under the New York State Human Rights Law, and therefore reinstated…

Read More National Origin Discrimination Claim Reinstated
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In John Doe v. The City of New York et al, 511209/2020, 2021 N.Y. Slip Op. 50916(U), 2021 WL 4468869 (Sup Ct, Sept. 29, 2021), the court held that plaintiff did not sufficiently allege a hostile work environment under the New York State and City Human Rights Laws. Among plaintiff’s allegations were that “he was…

Read More Hostile Work Environment Claims Insufficiently Alleged; Not Enough That Plaintiff “Felt Disrespected”
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In Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…

Read More Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) Comments
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In Domen v. Vimeo, Inc., 2021 WL 4352312 (2d Cir. Sept. 24, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual orientation and religion-based discrimination claims under the New York State Human Rights Law. Plaintiff, James Domen (the president and founder of the non-profit…

Read More Religious, Sexual Orientation Claims Properly Dismissed Against Vimeo Following Deletion of Account Promoting “Sexual Orientation Change Efforts” Content
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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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