NYS Human Rights Law

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In Raji v. SG Americas Securities, LLC, No. 154174/2019, 2020 WL 94806 (N.Y. Sup Ct, New York County Jan. 08, 2020), the court dismissed plaintiff’s sexual orientation discrimination claims asserted under the New York State and City Human Rights Laws. Initially, plaintiff sued in federal court. The case was dismissed on October 25, 2018. Plaintiff…

Read More Sexual Orientation Discrimination Claim Dismissed as Untimely, Notwithstanding CPLR 205(a)
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In Wright v. Liao, No. 157161/2017, 2020 WL 41671 (N.Y. Sup Ct, New York County Jan. 03, 2020), the court discussed and addressed the issue of who is entitled to the protections of the New York State and City Human Rights Laws. Specifically, the court explained: In order to determine who is an employee under…

Read More Court Finds Issues of Fact as to Whether Plaintiff Was Protected by the New York State and City Human Rights Laws
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In Camoia v. City of New York, 787 Fed.Appx. 55, 57 (2d Cir. Dec. 13, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s perceived-as disability claims under the Americans with Disabilities Act and the New York State and City Human Rights Laws. In sum, plaintiff – a NYPD trainee – alleges that defendant…

Read More 2d Circuit Affirms Dismissal of NYPD Trainee’s “Perceived As Disabled” Discrimination Claim
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In New York practice, “consolidation” is the mechanism for joining two or more actions into one. In Lopez v. Bendell, No. 156292/2017, 2019 WL 6216089 (N.Y. Sup Ct, New York County Nov. 18, 2019), the court, inter alia, denied defendant’s motion to consolidate two actions – one asserting discrimination based on race and national origin under…

Read More Consolidation of Discrimination and Wage Actions Denied
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Happy New Year! Recently, the New York State Human Rights Law (NYSHRL) – New York State’s primary anti-discrimination law – has been modified to strengthen employee protections. These changes, some occurring in 2019 and some occurring in 2020, are summarized at the New York State Division of Human Rights’ website, here. These changes include: Effective…

Read More NY State Law Protections for Employees: 2020 and Beyond
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In Stephens v. Isabella Geriatric Ctr., Inc., 2019 NY Slip Op 08795 (App. Div. 1st Dept. Dec. 10, 2019), the court unanimously affirmed the dismissal, by summary judgment, of plaintiff’s retaliation claims under the New York State and City Human Rights Laws. In this case, plaintiff alleged that he was terminated from his employment at…

Read More First Department Affirms Dismissal of Retaliation Claim Against Isabella Geriatric Center
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In Ellison v. Chartis Claims, Inc., 2019 NY Slip Op 08654 (App. Div. 2d Dept. Dec. 4, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim. The court summarized the law of discrimination under the New York City Human Rights Law: Under the NYCHRL, unlawful discrimination must play “no role” in…

Read More Court Affirms Dismissal of NYCHRL Discrimination Claim
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In Hilsby v. Schultz, No. 21211/2012, 2019 WL 6248396, 2019 N.Y. Slip Op. 33395(U) (N.Y. Sup Ct, Suffolk County Nov. 15, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the New York State Human Rights Law. The court summarized the law: “A hostile work environment exists where the workplace is ‘permeated…

Read More Hostile Work Environment Claim Dismissed; Secretary Reassignment and Alleged Anxiety/Fear Insufficient
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…

Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health Hospital
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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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