Judge: Barbara Jaffe

In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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In Lemanski v. SFM Realty Corp., No. 150261/2021, 2021 WL 4973959 (N.Y. Sup Ct, New York County Oct. 26, 2021), the court, inter alia, held that plaintiff stated claims for gender- and religion-based discrimination (but not age discrimination) under the New York City Human Rights Law. From the decision: The sole element of plaintiff’s prima…

Read More Gender & Religious Discrimination Claims Sufficiently Alleged on “Disparate Discipline” Theory
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2021 WL 2480058 (N.Y. Sup Ct, New York County June 17, 2021) – an employment discrimination / hostile work environment case –  the court, inter alia, denied defendants’ motion to compel information regarding plaintiff’s medical treatment, which they contend was relevant to plaintiff’s claim for emotional distress…

Read More Hostile Work Environment Plaintiff May Refrain, For Now, From Producing Medical Discovery Relating to Emotional Distress Damages
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In Alshami v. The City University of New York, No. 160183/2019, 2021 WL 2226424 (N.Y. Sup Ct, New York County June 02, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Specifically, plaintiff alleges that his co-worker made numerous offensive and derogatory comments about…

Read More Hostile Work Environment Claim Against CUNY Dismissed; Seven Offensive Comments and “Rude” Treatment Held Insufficient
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In Donnelly v. New York City & Vicinity Dist. Council of the United Bhd. of Carpenters & Joiners of Am., 2021 NY Slip Op 31308(U), No. 152197/2019, 2021 WL 1549821 (N.Y. Sup Ct, New York County Apr. 20, 2021), the court granted plaintiff’s motion to amend their complaint to add a claim for retaliation under the New York…

Read More Retaliation Claim Sufficiently Alleged; Court Grants Motion to Amend Complaint to Add NYC Human Rights Law Claim Arising From Complaints of Sexual Harassment
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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
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In Doe v. Bloomberg, LP, No. 451470/2020, 2020 WL 7495654, 2020 N.Y. Slip Op. 34235(U) (N.Y. Sup Ct, New York County Dec. 21, 2020), a sexual harassment case, the court granted defendants’ motion to compel plaintiff to amend the caption of the action to reflect her name. The court summarized the guiding principles relating to this…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Rules
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In some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…

Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court Holds
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In Delever v One Taste Inc., No. 161172/2018, 2019 WL 3457260 (N.Y. Sup Ct, New York County July 31, 2019), the court dismissed plaintiff’s various claims, including for sexual harassment, intentional infliction of emotional distress, fraud, and breach of contract. In sum, plaintiff claimed (inter alia) that defendant’s sales director promised her that she could…

Read More Sexual Harassment Claim Dismissed; Plaintiff Was Not an “Employee”
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