NYC Human Rights Law

The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
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In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
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In Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality Agreement
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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From Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021): The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of…

Read More Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of Grievances
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…

Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, Law
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In Doe v. Vajpayee, No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual harassment, hostile work environment, and sex/gender discrimination case – the court addressed the scenario in which plaintiff sought to characterize, as retaliatory, counterclaims asserted by defendant. The court initially denied plaintiff’s motion to dismiss…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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In November 2020, New York Governor Andrew Cuomo signed into law an update to New York’s anti-SLAPP law that expands the rights and protections of defendants in lawsuits based on their right to free speech. “SLAPP” is an acronym for “Strategic Lawsuit Against Public Participation.” While New York had an anti-SLAPP law on the books for…

Read More Court Applies NY’s Recently-Enhanced Anti-SLAPP Law to Dismiss Defamation Claim Asserted By Queens Doctor
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In Hay v. New York Media LLC, 20-CV-6135, 2021 WL 2741653 (S.D.N.Y. July 1, 2021), the court discussed and applied the geographic limitations of the New York City Human Rights Law. The plaintiff in this case is Bruce Hay, a professor at Harvard Law School. He brought this lawsuit against the author (Kera Bolonik) and…

Read More MA Professor’s NYC Human Rights Law Sexual Harassment Claim Lacked Geographic Connection to NYC; Leave to Amend Complaint Denied as Futile
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