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If you are a victim of employment discrimination in New York City and are prepared to formally pursue a claim (i.e., proceed beyond pre-filing negotiations), there are several procedural options available to you. These include (but may not be limited to): State Court, Federal Court, U.S. Equal Employment Opportunity Commission (EEOC), New York State Division…
Read More Employment Discrimination: Filing Options
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In Arcos v. New School University, 2017 WL 3868495, at *7 (S.D.N.Y., 2017), the court upheld a jury verdict that plaintiff was subjected to discrimination based on his race and national origin (Cuban/Hispanic) under Title VII, § 1981, the NYSHRL, and the NYCHRL. In sum, plaintiff – a Cuban-born Hispanic man – was a faculty member at…
Read More Court Upholds Jury Verdict in Cuban Professor’s Favor on Employment Discrimination Claims
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In Percy v. The State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc., Local 1000, AFSCME AFL-CIO, Basil Townsend, 264 F.Supp.3d 574, 585 (S.D.N.Y. 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 F. Supp. 2d at 385-86…
Read More Rejecting a Supervisor’s Sexual Advances is “Protected Activity” For Purposes of a Retaliation Claim, Court Holds
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In Milione v. City Univ. of N.Y., 2017 (App. Div. 2d Dept. Aug. 23, 2017), the court affirmed the dismissal of plaintiff’s employment discrimination claims. Plaintiff, an Italian American, initially sued in federal court, alleging that “defendants discriminated and retaliated against him based on his national origin and his advocacy for Italian Americans.” The federal court…
Read More Federal Court’s Dismissal of Plaintiff’s Employment Discrimination Operates as Collateral Estoppel as to State and City Human Rights Law Claims
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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…
Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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In Edwards v. Nicolai, 2017 NY Slip Op 06235 (App. Div. 1st Dept. Aug. 22, 2017), the court modified a lower court’s Order (issued by Judge Shlomo Hagler) dismissing plaintiff’s causes of action for gender discrimination in violation of the New York State and New York City Human Rights Laws, to deny defendant’s motion as to those…
Read More Court Reinstates “Too Cute” Gender Discrimination Claims Under NYS and NYC Human Rights Laws
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also…
Read More NDNY Upholds Sexual Harassment/Hostile Work Environment Jury Verdict for Plaintiff Corrections Officer
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In a recent complaint filed in Manhattan federal court, captioned Allen v. Goldman Sachs, SDNY 17-cv-6195 (filed 8/16/17), plaintiff Rebecca Allen – a member of Goldman’s Private Wealth Management Division – alleges (inter alia) that “[a]s a result of [a] pattern and practice of discriminatory conduct, the few Black employees at the Bank are marginalized and…
Read More Race Discrimination Lawsuit Against Goldman Sachs
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In Roa v. Staples, Inc., 2017 WL 3425779 (SDNY Aug. 9, 2017), the court denied defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim. Although it was undisputed that defendant terminated plaintiff based on the belief that plaintiff stole another employee’s bag of chips, the court held that plaintiff provided enough evidence of discriminatory…
Read More Disability Discrimination Claim Against Staples Survives Summary Judgment
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In Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the…
Read More Hostile Work Environment And Other Claims Survive Dismissal on Basis of the “Ministerial Exception”