NYS Human Rights Law

In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
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In Brunt-Piehler v. Absolute Software, Inc. et al, 6:16-CV-06313 EAW, 2024 WL 3765523 (W.D.N.Y. August 13, 2024), the court, inter alia, vacated a jury verdict in plaintiff’s favor on her retaliation claim under the New York State Human Rights Law. This decision is instructive as to the “protected activity” element of a retaliation claim. The…

Read More Retaliation Verdict Vacated, Absent Evidence of “Protected Activity”
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In Graham et al v. Cha Cha Matcha, Inc. et al, 23 Civ. 9911 (PAE), 2024 WL 3540324 (S.D.N.Y. July 25, 2024), the court, inter alia, held that plaintiffs sufficiently alleged a race-based hostile work environment claim under under 42 U.S.C. § 1981. The court summarized the black-letter law as follows: Section 1981 provides that…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Include Repeated Virulent Racial Slurs by Supervisor Over Several Months
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In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of retaliation under 42 U.S.C. § 1981 and the New York State and City Human Rights Laws. As to plaintiff’s section…

Read More Retaliation Claims Sufficiently Alleged; Demotion & Termination Followed Complaints of Exclusion of Employees of Color
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In Moy v. Napoli Shkolnik, PLLC et al, 23 Civ. 3788 (DEH), 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claims of hostile work environment under the New York State and City Human Rights Laws (but not under 42 U.S.C.…

Read More Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws, But Not Section 1981
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In Moy v. Napoli Shkolnik, PLLC et al, 2024 WL 3498131 (S.D.N.Y. July 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s – a Chinese American woman – claim of employment discrimination asserted under 42 U.S.C. § 1981 (as well as under the New York State and City Human Rights Laws). After…

Read More Chinese American Attorney Sufficiently Alleges Race, Gender Discrimination, Court Holds
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In Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male Employees
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In Silverthorne v. The City of New York, No. 507047/2023, 2024 WL 3312436 (N.Y. Sup Ct, Kings County July 05, 2024), the court granted the defendant’s motion to dismiss plaintiff’s claims of race/gender discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Accepting the facts…

Read More Race/Gender Discrimination, Hostile Work Environment Claims Dismissed; “Ambiguous” Allegations as to “Angry Black Woman” Comment Insufficient
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