NYS Human Rights Law

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In Viscecchia v. Alrose Allegria LLC, No. 14-CV-6064 JFB SIL, 2015 WL 4602729 (E.D.N.Y. July 30, 2015), plaintiff asserted claims of gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Specifically, the defendant fired plaintiff – a line cook – after he failed to comply…

Read More Selective Enforcement of Employee Hair Policy Gives Rise to Plausible Gender Discrimination Claims
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In a recent lawsuit captioned Ikezi v. Cipriani Club 55 LLC et al, 15-cv-06145 (SDNY filed 8/5/15), plaintiff Henry Ikezi accuses the Cipriani Club and others of discriminating against him on account of his race. Plaintiff alleges, among other things, that On or about April 2015, when Cipriani Club advised the Plaintiff that Cipriani Club…

Read More Public Accommodation Race Discrimination Lawsuit Against Cipriani Club
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In Rensselaer Cnty. Sheriff’s Dep’t v. New York State Div. of Human Rights, No. 520239, 2015 WL 4757612 (N.Y. App. Div. 3d Dept. Aug. 13, 2015), the court upheld the determination of the New York State Division of Human Rights that the petitioner engaged in unlawful gender discrimination. The court discussed some of the evidence presented…

Read More Court Upholds Sexual Harassment/Hostile Work Environment Finding in Corrections Employee’s Favor by State Division of Human Rights
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In Nunez v. New York State Dep’t of Corr. & Cmty. Supervision, No. 14-CV-6647 JMF, 2015 WL 4605684 (S.D.N.Y. July 31, 2015), the court held that plaintiff – a parole officer – plausibly alleged sexual harassment under the New York City Human Rights Law, but not the New York State Human Rights Law. Plaintiff alleged that…

Read More Parole Officer Sufficiently Alleges Sexual Harassment Under NYC Human Rights Law
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In Schwarz v. Consolidated Edison, Inc., 2015 NY Slip Op 25258 (Sup. Ct. NY Cty. Aug. 3, 2015), the court dismissed the discrimination complaint brought by Charles Schwartz against Con Edison under CPLR 3211(a)(7) for failure to state a claim. Mr. Schwartz – one of the police officers involved with the Abner Louima case (and who…

Read More Court Dismisses Abner Louima Officer’s Conviction Discrimination Complaint Against ConEd
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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club
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In Hexemer v. General Electric Co. et al., 2015 WL 3948418 (NDNY June 29, 2015), the court explained the framework for proving a retaliation claim under the New York State Human Rights Law and 42 USC § 1981: [A] plaintiff must first make out a prima facie case by showing that: (1) the employee engaged in…

Read More Evidence of “Shifting and Inconsistent Explanations” For Plaintiff’s Termination Supports Retaliation Claim
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Here is the sexual harassment / hostile work environment federal court lawsuit, captioned Castelgrande v. Elie Tahari, Ltd. and Elie Tahari, SDNY 15-cv-04564, filed on June 16, 2015. Plaintiff alleges that the defendant(s) fired her two hours after she complained about sexual harassment, namely, Mr. Tahari’s attempt, while plaintiff was standing in a room with workers,…

Read More Sexual Harassment / Hostile Work Environment Lawsuit Against Elie Tahari
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A recent state appellate decision, Cohen v. State of New York (App. Div. 2nd Dept. June 17, 2015), explains an employer’s duties regarding a requested accommodation for a disability under the New York State Human Rights Law. In Cohen, the Appellate Division, Second Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s…

Read More Rejection of Accommodation Request Results in Reversal of Summary Judgment for Defendant in Disability Discrimination Case
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In Catapano-Fox v. City of New York, No. 14 CIV. 8036 KPF, 2015 WL 3630725 (S.D.N.Y. June 11, 2015), the Southern District of New York denied defendants’ motion to dismiss plaintiff’s claim that she was fired in retaliation for complaining about sexual harassment. This decision provides a good overview of the legal principles governing the proper…

Read More Retaliation Claim, Based on Termination in Response to Sexual Harassment Complaints, May Proceed
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