NYC Human Rights Law

In 14 Street Medical, P.C. v. Khan, No. 152388/2023, 2023 WL 7924835 (N.Y. Sup Ct, New York County Nov. 16, 2023), the court, inter alia, granted the defendant’s (here, the employee, sued for breach of contract) counterclaim for “constructive discharge” under the New York State and City Human Rights Laws. In sum, the plaintiff (a…

Read More Constructive Discharge Claims Dismissed; Alleged “Unpleasant” and “Difficult” Working Conditions Were Insufficient
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In Gibson v. 526 W. 158th St. Hous. Dev. Fund Corp., 2023 NY Slip Op 05686 (N.Y. App. Div. Nov. 14, 2023), the court unanimously affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging housing discrimination. From the decision: The motion court correctly determined that plaintiff’s second amended complaint adequately pleaded…

Read More Housing Discrimination Claim, Based on Denial of Application, Sufficiently Alleged
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…

Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of Education
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In Matter of Commission On Human Rights Ex Rel. Liserny Fernandez, Petitioner v. Gil’s Collision Services Inc. d/b/a D & R Collision Corp. and Gilbert Velez, Jr., 2023 WL 3974499 (N.Y.C. Comm’n on Human Rights May 31, 2023), the NYC Commission on Human Rights, inter alia, found that an award of $275,000 in mental anguish…

Read More $275,000 Emotional Distress Damages Awarded by NYC Commission on Human Rights in Sexual Harassment Case
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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In Ashandra v. 1199 Seiu Nat. Ben. Fund, No. 1599612022, 2023 WL 6975971 (N.Y. Sup Ct, New York County Oct. 18, 2023), the court granted the defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s failure-to-accommodate-religious-practices claim asserted under the New York State and City Human Rights Laws. In sum, plaintiff alleged that defendant violated the law…

Read More Court Dismisses Covid Vaccine Failure-to-Accommodate-Religion Claim Asserted Under the New York State and City Human Rights Laws
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In Godwin v. Young Adult Institute, Inc., No. 154663/2021, 2023 WL 7002751 (N.Y. Sup Ct, New York County Oct. 24, 2023), the court granted plaintiff’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under the New York City Human Rights Law. From the decision: Accepting the allegations in the [complaint] as true and providing plaintiff…

Read More Failure-to-Hire Race Discrimination Claim, Based in Part on Cardi B Comment, Dismissed
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In Castillo v. Isakov et al, 22-cv-6888 (LJL), 2023 WL 6664552 (S.D.N.Y. Oct. 12, 2023), the court, inter alia, granted plaintiff’s motion for default judgement on his discrimination claims (based on sexual orientation) under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations, as to this claim, as follows: Castillo…

Read More Plaintiff Awarded Default Judgment on Sexual Orientation Discrimination Claim; Allegations Included Homophobic Slurs Etc.
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In Puppo v. Bluemercury, Inc., No. 152105/2021, 2023 WL 6812153 (N.Y. Sup Ct, New York County Oct. 13, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of constructive discharge and hostile work environment sexual harassment. Among plaintiff’s allegations were that plaintiff (a sales associate) inadvertently sent her then-manager (individual defendant Morta)…

Read More Sexual Harassment Claims, Arising From Ridicule Associated With Dissemination of “Intimate Image”, Sufficiently Alleged
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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