NYS Human Rights Law

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Employment discrimination and hostile work environment claims are often difficult to prove, and frequently fail at the summary judgment stage. That is, there are many decisions in which a judge rules that there simply isn’t enough evidence to get to a jury on these issues. In that instance, the court is not taking on the…

Read More Plaintiff Gets to Jury on Race Discrimination and Hostile Work Environment Claims Against Contractor
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In Vangas v. Montefiore Medical Center, 11-cv-6722 (SDNY 4/3/15), the Southern District of New York (among other rulings) upheld a jury verdict that the defendant failed to accommodate the plaintiff’s disability (cancer) in violation of the New York State Human Rights Law. In this disability discrimination case, defendant terminated plaintiff from her position as an analyst…

Read More Court Upholds Jury Verdict That Failure to Allow Work From Home Amounted to Denial of Reasonable Accommodation for Disability
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More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

Read More Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter
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In Heiser v. Collorafi et al. (NDNY March 9, 2015), the U.S. District Court for the Northern District of New York held that plaintiff, a former employee of the New York State Division of Homeland Security and Emergency Services, sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of…

Read More Inappropriate Emails and Sexual Comments Plausibly Support Sexual Harassment Hostile Work Environment Claim
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In a complaint filed in New York State Supreme Court, captioned Cynthia Terrana v. Cantor Fitzgerald & Co. et al. (NY Sup. Ct. 3/6/15, No. 152281-2015), plaintiff alleges that she was subjected to discrimination (termination) based on her pregnancy, in violation of the New York State and City Human Rights Laws. In particular, plaintiff alleges (among…

Read More Pregnancy Discrimination Lawsuit Against Cantor Fitzgerald
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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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