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NYS Human Rights Law

In Benson v. Family Dollar Operations, Inc., 2018 WL 5919905 (2d Cir. Nov. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal by summary judgment of plaintiff’s age discrimination claim. This case is one example of how courts evaluate statistics as proffered evidence of in an employment discrimination case. The court summarized the well-established […]

In Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City […]

In Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits, […]

In Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However, […]

In Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that […]

In Wolf v. Imus, 2018 NY Slip Op 51361(U) (N.Y. Sup. Ct. Sept. 27, 2018) (J. d’Auguste), the court, inter alia, dismissed plaintiff’s (an 80 year-old Florida resident) age discrimination claims against radio personality Don Imus et al. This was based on both geography and the merits. Here is an excerpt from the decision: Due to […]

In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 25, 2018), the court clarified the standard for imposing liability on individual defendants under the New York State Human Rights Law (NYSHRL), N.Y. Executive Law § 290 et seq. The statute, explained the court, provides for […]

In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights […]

In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual […]

In Smith v. The City of New York, 16-cv-9244, 2018 WL 3392872 (S.D.N.Y. July 12, 2018), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law and the NYC Human […]