Court: NY App. Div. Dept. 2

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In Mouscardy v Consolidated Edison Company of New York, No. 2018-14239, 4431/08, 2020 N.Y. Slip Op. 03656, 2020 WL 3551808 (N.Y.A.D. 2 Dept., July 01, 2020), the court, inter alia, held that an arbitrator’s determination that the employer had reasonable cause to terminate plaintiff’s employment did not collaterally estop plaintiff from proceeding with his claim of…

Read More NYC Human Rights Law Discrimination Claim Survives, Notwithstanding Union Arbitrator’s Finding of Reasonable Cause to Terminate Employment
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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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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC
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In Averbeck v. Culinary Inst. of Am., 2020 NY Slip Op 01139 (App. Div. 2d Dept. Feb. 19, 2020), the court affirmed the dismissal of plaintiff’s national origin discrimination claim against the Culinary Institute of America. Plaintiff, who was born and raised in Germany, was employed by Culinary Institute of America, from November 2004 through May…

Read More Employment Discrimination Claim Against Culinary Institute of America Dismissed
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In King v. Daniel Shoes, No. 13080/12, 2018-10611, 2020 N.Y. Slip Op. 01151, 2020 WL 808729 (N.Y.A.D. 2 Dept., Feb. 19, 2020) – a sexual harassment/hostile work environment case – the Appellate Division affirmed a lower court’s award of a default judgment against defendants on the issue of liability pursuant to 22 NYCRR 202.27(a) and…

Read More Sexual Harassment/Hostile Work Environment Default Judgment for Plaintiff Upheld; Defendants Did Not Demonstrate a Reasonable Excuse for Non-Appearance at Trial
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In Reichman v. City of New York, No. 2016-03043, 8141/12, 2020 WL 465159 (N.Y.A.D. 2 Dept., Jan. 29, 2020), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. Plaintiff (a self-identifying-Jewish firefighter) alleged, among other things, that a fellow firefighter made an anti-Semitic remark, and that the plaintiff was subjected to…

Read More Firefighter’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Afrat v. Kimber Manufacturing, No. 2017-01081, 68808/15, 2020 N.Y. Slip Op. 00394, 2020 WL 356185 (N.Y.A.D. 2 Dept., Jan. 22, 2020), the Second Department affirmed the dismissal of plaintiff’s age discrimination claim. Plaintiff commenced an action in federal court, alleging age discrimination under the Age Discrimination in Employment Act of 1967 and state and…

Read More Age Discrimination Claims Properly Dismissed on Collateral Estoppel and Other Grounds
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In Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…

Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination Case
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In Matter of Oz Trucking and Rigging Corp., No. 2018-09771, 2486/17, 2019 N.Y. Slip Op. 09009, 2019 WL 6884935 (N.Y.A.D. 2 Dept., Dec. 18, 2019), the court confirmed a determination that the complainant suffered sexual harassment/hostile work environment, as well as the award of $7,500 for mental anguish and a civil fine/penalty of $10,000. As…

Read More Sexual Harassment Determination Upheld
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