NYS Human Rights Law

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In Demir v. Sandoz Inc. and Fougera Pharmaceuticals (NY Sup. Ct. NY Cty., Index 150954/2015, Feb. 17, 2017), the court held that plaintiff – a Muslim woman of Turkish national origin – sufficiently alleged causes of action for discrimination and hostile work environment (based on her gender, national origin, and religion) under the New York State…

Read More Muslim/Turkish Woman Sufficiently Alleges Gender, National Origin, and Religious Discrimination Against Sandoz
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In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claims. From the decision: In moving for summary judgment dismissing plaintiff’s claims for age-based employment discrimination under…

Read More Age Discrimination Claims Properly Dismissed; Suspicion of Theft Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Evidence Included Sexual Comments and References to Sexual Acts, Sexual Relationship
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In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS),…

Read More Court Cites and Applies the Doctrine of “Constructive Involuntary Transfer” in Teachers’ Race Discrimination Case Against the New York City Department of Education
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A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…

Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company
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In a recently-filed New York state court lawsuit, Valenti v. American International Group et al. (NY Sup. Ct. NY Cty. 150678/2017, filed 1/20/17), plaintiff asserts claims of sexual harassment, hostile work environment, and retaliation under the New York City and State Human Rights Laws. In her complaint, plaintiff describes the atmosphere at the company as…

Read More Sexual Harassment Lawsuit Against AIG
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Crean v. 125 West 76th St. Realty Corp., 15-cv-3814, 2017 WL 217948 (S.D.N.Y. Jan. 17, 2017), the court dismissed the employment discrimination claims of plaintiffs (a Manhattan co-op superintendent and his wife). Initially, the court dismissed the wife’s claim because there was no employer-employee relationship between her and the defendants. The law: It goes almost…

Read More Lack of Employer-Employee Relationship and Insufficient Number of Employees Lead Court to Dismiss Employment Discrimination Claims Against Manhattan Co-Op
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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