NYS Human Rights Law

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A recent Eastern District decision, Sandvik v. Sears Holding/Sears Home Improvement Products, Inc., illustrates the nature and quantity of evidence necessary to overcome summary judgment in an age discrimination case under the federal Age Discrimination in Employment Act and its state/city law counterparts. Plaintiff – who worked for defendant for 38 years before his departure…

Read More Ageist Comments Support Discrimination Claim Against Sears
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In Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…

Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese Parent
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The New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…

Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint
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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

Read More Sexual Harassment Lawsuit Continues Against Sheldon Silver
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As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…

Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
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In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
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In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
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On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…

Read More White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit
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