NYS Human Rights Law

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In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

Read More Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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In a February 19, 2015 New York State Court lawsuit, captioned Charles Schwarz v. Consolidated Edison, Inc. et al., plaintiff asserts that he was unlawfully terminated because of his decade-old conviction for perjury in connection with the notorious Abner Louima police brutality case. Plaintiff alleges, among other things, that defendants terminated him from his position as…

Read More “Conviction Discrimination” Lawsuit Filed by Abner Louima Defendant Charles Schwarz Against Con Ed
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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In Margerum v. City of Buffalo, 2015 NY Slip Op 01378 [24 NY3d 721] (N.Y. Ct. App. Feb. 17, 2015), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that…

Read More Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds
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In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law
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In Rodriguez v. City of New York, decided January 23, 2015, the Eastern District of New York held that plaintiff, a NYPD officer, sufficiently alleged a claim for disability discrimination under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff alleges that the…

Read More NYPD Officer Characterized as “Delusional” Plausibly Alleges Disability Discrimination Claims
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In a Marchuk v. Faruqi & Faruqi (SDNY 1/28/15), a decision issued in the sexual harassment lawsuit brought by Alexandra Marchuk against Faruqi & Faruqi, Juan Monteverde, and others, Southern District of New York Judge Hellerstein addresses defendants’ motion, under Federal Rule of Civil Procedure 50, for Judgment as a Matter of Law (JMOL). Among other…

Read More Decision on Post-Trial Motion in Marchuk v. Faruqi & Faruqi Sexual Harassment Case
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