In Acosta v. CKR Law LLP et al, No. 156323/2019, 2021 WL 465977 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, denied defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s sexual orientation discrimination/hostile work environment claim asserted under the New York City Human Rights Law. From the decision: A central argument…Read More Sexual Orientation Discrimination/Hostile Work Environment Claim Survives Dismissal Under the NYC Human Rights Law
In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. From the decision: The Complaint alleges that Plaintiff is Hispanic. “[T]he existence of a Hispanic ‘race’ has…Read More Race Discrimination Claim Sufficiently Alleged Against SL Green Realty Corp.
In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: To state a hostile work environment claim, the Complaint must plausibly allege that her “workplace is permeated with discriminatory intimidation, ridicule,…Read More Sexual Harassment Claim Dismissed Against SL Green Realty Corp.
In a recent Order, captioned Bolanos v. Tanieka Misa Hooten, 21-cv-336 (SDNY Feb. 11, 2021) – a case in which plaintiff asserts a violation of New York City’s “Freelance Isn’t Free Act” (codified at N.Y.C. Admin. Code § 20-927 et seq) – the U.S. District Court for the Southern District of New York granted defendant’s motion…Read More Court Dismisses “Freelance Isn’t Free Act” Case For Lack of Subject Matter Jurisdiction
In Doe v. Bloomberg, L.P., et al., 2021 N.Y. Slip Op. 00898, 2021 WL 496608 (N.Y. Ct. App., Feb. 11, 2021), the New York Court of Appeals affirmed a First Department decision declining to impose vicarious liability on defendant Michael Bloomberg, under the New York City Human Rights Law, for the alleged harassment committed by…Read More Court of Appeals Clarifies Standard for Individual Liability as “Employers” for Discrimination Under the New York City Human Rights Law
In Perrotte v. Bloomberg, LP et al, No. 451470/2020, 2021 WL 465986 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under the New York State Human Rights Law. The court summarized the law as follows: Pursuant to NYSHRL, it is an…Read More Quid Pro Quo Sexual Harassment Claim Dismissed Against Bloomberg LP et al
In a recent case, Tenecora et al v. Ba-Kal Restaurant Corp., d/b/a Princess Diner et al, 18-cv-7311, 2021 WL 424364 (E.D.N.Y. Feb. 8, 2021), the court adopted a Magistrate Judge’s Report & Recommendation granting plaintiff’s motion for default judgment on their employment discrimination and hostile work environment claims. The court explained the difference between “direct”…Read More Discriminatory Wage Withholding Claim Survives Against Restaurant Defendants
In Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently Alleged
In Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “ that the harassment was ‘sufficiently severe or…Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile Environment
In Wickes v. Westfair Electric Co., 2021 WL 217318 (S.D.N.Y. Jan. 20, 2021), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under 42 U.S.C. § 1981. In sum, plaintiff – who describes herself as a Native American woman – asserts that after she was hired as an apprentice mechanic by defendant, she became…Read More Race Discrimination Claim, Asserted by Native American Plaintiff Under 42 U.S.C. § 1981, Dismissed