NYS Human Rights Law

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In Culler v. New York State Unified Ct. Sys., 2019 NY Slip Op 32134(U) (Sup. Ct. Kings Cty. July 7, 2019), the court, inter alia, dismissed plaintiff’s race discrimination and hostile work environment claims asserted under the New York City Human Rights Law on the grounds of sovereign immunity, explaining:[1]As noted by the court, the…

Read More NYCHRL Discrimination Claims Dismissed Against New York State Unified Court System
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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity) grounds.[1]The court denied defendants’ motion to dismiss plaintiff’s federal…

Read More State, City Discrimination Claims Dismissed Against NYS Dep’t of Labor on Eleventh Amendment Grounds
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In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds
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In Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…

Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court Finds
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In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…

Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination Claims
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In Preston v. Memorial Sloan Kettering Cancer Ctr., 2019 NY Slip Op 31493(U), Index No. 160325/2018 (NY Sup. Ct. NY Cty. May 29, 2019), the court dismissed plaintiffs’ race/color discrimination claims, asserted under the New York State and City Human Rights Laws, as time-barred, finding that the “continuing violations doctrine” did not apply. Plaintiffs alleged discrimination…

Read More Race Discrimination Claims Dismissed as Time-Barred; Continuing Violation Doctrine Held Inapplicable
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In Farkas v. River House Realty Co., Inc., 2019 NY Slip Op 04322 (App. Div. 1st Dept. June 4, 2019), the First Department affirmed the dismissal of plaintiff’s lawsuit alleging, inter alia, violation of the New York State and City Human Rights Laws and tortious interference with contract. The court summarized the allegations as follows:…

Read More Housing Discrimination Claim Dismissal Affirmed; Anti-French Motivation Not Shown
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In Miller v. City of New York, 18-1607-cv (2d Cir. May 28, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ class action lawsuit alleging violations of the Equal Pay Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiffs, who are predominantly female school crossing guards…

Read More 2d Circuit Affirms Dismissal of Sex Discrimination Case, Citing Differences of Jobs Held By Alleged Male Comparators
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The New York State legislature is in the process of reviewing/amending the New York State Human Rights Law regarding sexual harassment. The bill(s) under consideration are S3817A / A7083A. Currently, victims of sexual harassment in New York City enjoy protection under three statutes: Title VII of the Civil Rights Act of 1964 (federal law), the…

Read More Proposed Changes to New York State’s Sexual Harassment Law
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