NYS Human Rights Law

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In Fatcheric v. Bartech Grp., Inc., No. 15CV9702, 2017 WL 3084418 (S.D.N.Y. July 19, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of unlawful termination based on her disability, in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability Discrimination Claims Survive Summary Judgment, in Light of Dispute as to Whether Working On-Site Was an “Essential Function” of Plaintiff’s Job
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In Russell v. Cty. of Rockland, No. 15CV4296, 2017 WL 3189873 (S.D.N.Y. July 26, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized the law: In order…

Read More Citing Failure to Report Sexual Harassment, Court Grants Summary Judgment to Defendant on Correction Officer’s Hostile Work Environment Claims
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In Bull v. Metro. Jewish Health Sys., Inc., No. 18128/12, 2017 WL 3045858 (N.Y. App. Div. 2d Dept. July 19, 2017), the Appellate Division held that the lower court should have dismissed plaintiff’s claims of age and disability discrimination. Plaintiff alleged, inter alia, “that the defendant discriminated against her on the basis of her age…

Read More Age, Disability Discrimination Claims Should Have Been Dismissed; Plaintiff Did Not Suffer From a “Disability” At the Time of Her Termination
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In Luka v. Bard College et al, No. 15-cv-4598, 2017 WL 2839641 (S.D.N.Y. June 29, 2017), the court held, inter alia, that plaintiff sufficiently alleged gender discrimination under the New York State Human Rights Law (NYSHRL). This decision is instructive on how courts apply pleading standards to such claims. The court summarized the law: To…

Read More Lesbian Professor, Denied Tenure, Plausibly Alleges Discrimination Under the NYS Human Rights Law Against Bard College
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In Goonewardena v. N.Y. Workers Comp. Bd., No. 09-CV-8244 (RA), 2017 WL 2799171, at *13 (S.D.N.Y. June 28, 2017), the court granted defendants’ motion for summary judgment on plaintiff’s retaliation claims under Title VII, the NYSHRL, and the NYCHRL. Plaintiff established a prima facie case of retaliation.  Among other things, plaintiff demonstrated that he “was…

Read More Retaliation Claims Dismissed; Performance Issues Predated Complaints
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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From…

Read More Gender/Pregnancy Discrimination Claims Against Royal Bank of Canada Survive Summary Judgment
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In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
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In Ananiadis v. Mediterranean Gyros Prods., Inc., 2017 NY Slip Op 05058 (N.Y. App. Div. 2d Dept. June 21, 2017), the court held that the lower court erred by dismissing plaintiffs’ aiding-and-abetting sexual harassment, and retaliation, claims under the New York State and City Human Rights Laws. The court summarized the plaintiffs’ allegations: The plaintiffs…

Read More NY Appellate Court Reinstates Sexual Harassment Claims; Explains Imposition of Individual Liability Under the State and City Human Rights Laws
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In Matter of Lozada v. Elmont Hook & Ladder Co. No. 1, 2017 NY Slip Op 04845 (N.Y. App. Div. 2d Dept. June 14, 2017), the court confirmed a determination by the New York State Division of Human Rights (NYSDHR) dismissing plaintiff’s sexual harassment claim as time-barred. The court summarized the law pertaining to administratively-filed hostile…

Read More NYSDHR Hostile Work Environment Sexual Harassment Claim Properly Dismissed as Time-Barred, Court Holds
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