In Coleman v. Time Capital Securities Corp., No. 13-17883, 2019 WL 4492880, 2019 N.Y. Slip Op. 32721(U) (N.Y. Sup Ct, Suffolk Cty. Sep. 10, 2019), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim, asserted under the New York State Human Rights Law. Generally, explained the court, “[t]o establish a hostile work environment…
Read More Disability-Based Hostile Work Environment Claim DismissedIn Chow-Tai v Fulvio & Associates, LLP, No. 158939/2018, 2019 WL 4039146, 2019 N.Y. Slip Op. 32514(U) (N.Y. Sup Ct, New York County Aug. 27, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim. From the decision: To establish a constructive discharge, Plaintiff must demonstrate “deliberate and intentional” acts of…
Read More Constructive Discharge Claim Survives Dismissal; Sexual Harassment and Other Claims Dismissed as Time-BarredIn Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…
Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”A recent decision, Matter of Floriano-Keetch v New York State Div. of Human Rights, 2019 NY Slip Op 06282 (App. 4th Dept. Aug. 22, 2019), illustrates the procedure following a “no probable cause” determination by the New York State Division of Human Rights (SDHR). The court explained: Where, as here, SDHR renders a determination of…
Read More NYSDHR’s “No Probable Cause” Finding Upheld in Caregiver Discrimination CaseIn Spinosa v The Interpublic Group of Companies, Inc., No. 150110/2019, 2019 WL 3815279, at *3 (N.Y. Sup Ct, New York County Aug. 14, 2019), the court dismissed plaintiff’s discrimination claim under the New York State Human Rights Law. Here, the plaintiff is the owner and CEO of a company called Spin. After explaining the…
Read More Shareholder Lacked Standing to Assert Discrimination Claim Under the New York State Human Rights Law, Court HoldsToday, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…
Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights LawIn a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…
Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers AssociationIn a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…
Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed LocksA recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…
Read More Uncivil? Maybe. “Hostile Work Environment”? No.In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…
Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds