NYS Human Rights Law

by

In Lozada v. Elmont Fire Dept., decided July 22, 2014, the New York State Division of Human Rights found that complainant, volunteer firefighter Beatrie Lozada, was subjected to a sexually hostile work environment in violation of the New York State Human Rights Law. It dismissed, however, her claims that she was subject to discrimination based on…

Read More “Badonkadonk” Sexual Harassment Results in $60,000 Award to Volunteer Firefighter
Share This:
by

Here is the sexual harassment lawsuit, captioned Maysa Abdel-Razeq v. Alvarez & Marsal, Inc. et al., 14-CV-5601, recently filed in the Southern District of New York against defendants Alvarez & Marsal, Inc., Paul Aversano, Anthony Caporrino, and Joel Poretsky. Plaintiff alleges that she was subjected to hostile work environment sexual harassment and race discrimination, and then…

Read More Lawsuit Alleges Hostile Work Environment Sexual Harassment, Race Discrimination, and Retaliation Against Alvarez & Marsal and Others
Share This:
by

In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment
Share This:
by

In Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…

Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”
Share This:
by

In Echevarria v. Insight Medical, P.C. et al, SDNY Case No. 13-cv-03710, a federal jury recently awarded a plaintiff $50,000 in compensatory damages ($0 in punitive damages) in her sexual harassment and retaliation lawsuit against a Bronx medical practice and its principals. Plaintiff alleged that one individual defendant sexually harassed her – by, for example, sending her unwanted text messages…

Read More Jury Awards $50,000 to Plaintiff on Retaliation Claims in Sexual Harassment Lawsuit
Share This:
by

Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
Share This:
by

In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This: