June 2020

In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on his “gender identify” under the New York State Human Rights Law. The court summarized the law as follows: Under…

Read More “Gender Identity”-Based Hostile Work Environment Claim Survives Dismissal Motion
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In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on his “gender identify” under the New York State and City Human Rights Laws. From the decision: Here, plaintiff has alleged that he…

Read More “Gender Identity” Discrimination Claim Survives Dismissal Under the NYS and NYC Human Rights Laws
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In Tirschwell v. TCW Group Inc., No. 150777/2018, 2020 WL 3104364, 2020 N.Y. Slip Op. 31816(U) (N.Y. Sup Ct, New York County June 11, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination / sexual harassment claim under the New York City Human Rights Law. From the decision: [P]laintiff…

Read More Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact Issue
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In Calvelos v. City of New York et al, 2020 WL 3414886 (S.D.N.Y. June 22, 2020), the court, inter alia, held that plaintiff stated a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, during his first eight months at West Facility, Warden…

Read More Title VII Race-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York
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In Klaper v. Cypress Hills Cemetery, No. 2016-12547, 9951/15, 2020 N.Y. Slip Op. 03505, 2020 WL 3443488 (N.Y.A.D. 2 Dept. June 24, 2020), the court, inter alia, discussed and applied the NYC Human Rights Law’s “election of remedies” doctrine. Plaintiff alleged that, during his employment, his supervisors and coworkers referred to him by derogatory names…

Read More NYS Division of Human Rights Complaint Triggered Election of Remedies as to NYC Human Rights Law Claims, Court Holds
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From Chong v. The City of New York, No. 161606/2018, 2020 WL 3104355, 2020 N.Y. Slip Op. 31827(U) (N.Y. Sup Ct, New York County June 11, 2020) (J. Bluth): A close reading of plaintiff’s amended complaint reveals that plaintiff seems to have many grievances towards his co-workers and supervisors, including a complaint that OLR’s employees…

Read More Race, National Origin Discrimination Complaint Dismissed; Non-Detailed Events That “Almost Happened” Insufficient
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In Skariah v. The City of New York et al, No. 153189/2013, 2020 WL 3317000 (N.Y. Sup Ct, New York County June 18, 2020), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s national origin-based hostile work environment claim under the New York City Human Rights Law. The court summarized the law…

Read More Hostile Work Environment Claim Dismissed; Plaintiff Not “Treated Less Well” Because of National Origin
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In Babbitt v. Koeppel Nissan, Inc., 2020 WL 3183895 (E.D.N.Y. June 15, 2020), the court, inter alia, dismissed defendants’ counterclaim asserting that plaintiff violated the “faithless servant doctrine.” Plaintiff alleged, among other things, that defendants subjected her to sex discrimination and retaliation. The court explained the applicable law: Under the faithless servant doctrine, “[o]ne who…

Read More “Faithless Servant Doctrine” Claim Dismissed
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In Kornmann v. City of New York Business Integrity Commission, 2020 WL 3165537 (E.D.N.Y. June 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment seeking dismissal of plaintiff’s claim of disability discrimination. From the decision: For purposes of this motion, defendants do not dispute that plaintiff has satisfied the first three factors…

Read More Disability Discrimination Case Survives Summary Judgment Against City of New York Business Integrity Commission
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In Morales v. Triborough Podiatry, P.C., No. 2019-03110, 521586/18, 2020 N.Y. Slip Op. 03408, 2020 WL 3261059 (N.Y.A.D. 2 Dept. June 17, 2020), the Second Department reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s complaint alleging race and sex discrimination under the New York City Human Rights Law. From the decision: The…

Read More Discrimination Complaint Should Have Been Dismissed; Employment Refusal Preceded Communication of Employment Decision
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