NYC Human Rights Law

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In Bacchus v. New York City Dep’t of Educ., No. 12 CV 1663 PKC, 2015 WL 5774550 (E.D.N.Y. Sept. 30, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s (a black woman of Guyanese national origin) claims of employment discrimination and hostile work environment. This case provides a helpful analysis of whether alleged…

Read More Race, National Origin Discrimination Claims Survive Summary Judgment; Alleged Discriminatory Comments Were Not “Stray Remarks”
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In a recent Manhattan federal lawsuit, captioned Jose Alcantara v. Bed Bath & Beyond Inc. and Kellie Marsalli, SDNY 15-cv-08770 (filed 11/6/15), plaintiff (a Muslim cancer survivor) alleges that he was subjected to a hostile work environment, retaliated against, denied a raise and promotion, and terminated based upon his religion. Plaintiff alleges, among other things, that defendant(s)…

Read More Muslim’s Religious Discrimination Lawsuit Against Bed Bath & Beyond
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In Self v. Mixmaster, LLC, 2015 NY Slip Op 31938(U) (N.Y. Sup. Ct. Kings Cty. Oct. 19, 2015), the court denied defendants’ motion to dismiss plaintiff’s NYC Human Rights Law (NYCHRL) (sexual harassment, gender discrimination, and retaliation), intentional infliction of emotional distress, and negligent infliction of emotional distress claims. Defendants argued that plaintiff’s claims under…

Read More Sexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights Law
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In a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.

Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con Edison
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File this one under “What were they thinking?!?”. When the facts of an employment discrimination case include the terms “Hitler video” and “mandatory conference”, it isn’t difficult to predict how the case is going to turn out. In Orlando v. BNP Paribas N. Am., Inc., No. 14 CIV. 4102 AJP, 2015 WL 6387531 (S.D.N.Y. Oct. 22,…

Read More Hitler/Nazi “Training Video” Supports Hostile Work Environment Claims Under New York State and City Human Rights Laws
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In Husser v. New York City Dep’t of Educ., No. 12-CV-6095 MKB JO, 2015 WL 5774741 (E.D.N.Y. Sept. 30, 2015), plaintiff alleged that defendants willfully failed to pay her wages equal to those paid to men for equal work, retaliated against her, and subjected her to a hostile work environment. The court adopted the Magistrate Judge’s Report…

Read More Gender Pay Discrimination and Retaliation, But Not Hostile Work Environment, Claims Survive Summary Judgment
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In a recent lawsuit filed in Bronx Supreme Court, captioned Guzman et al v. Food 2 Lex LLC d/b/a Maialino Restaurant (Index # 25827/2015E), two workers at Danny Meyer’s Gramercy Park restaurant Maialino allege that they were terminated and denied reasonable accommodations (including unpaid leave) because of their pregnancy/pregnancy-related illnesses, in violation of the New York…

Read More Pregnancy Discrimination Lawsuit Against Danny Meyer Restaurant Maialino
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In a recent lawsuit, Kaplan-DiNola v. NYC Dept. of Education, 15-cv-8139 (SDNY filed 10/16/15), elementary school teacher Rosanne Kaplan-DiNola alleges that she is a homosexual female who “has been forced to work in an environment of blatant homophobia and discrimination perpetrated by her immediate supervisors.” She alleges, for example, that defendants berated her for her…

Read More Teacher’s Sexual Orientation Discrimination Lawsuit Against NYC Dept. of Education
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The New York City Human Rights Law is a broad statute that can be of enormous benefit to a plaintiff alleging, for example, employment discrimination, sexual harassment, and retaliation. That is, of course, when it applies. As illustrated by Lambui v. Collins, No. 14-CV-6457 JS AYS, 2015 WL 5821589 (E.D.N.Y. Sept. 30, 2015), the NYCHRL’s…

Read More Court Dismisses Sexual Harassment Lawsuit, Citing NYC Human Rights Law’s Limited Geographic Reach
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In Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…

Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination Law
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