NYS Division of Human Rights

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In In the Matter of Shannon Scheuneman v. NYS Div. of Human Rights and Town of Tonawanda, No. TP 16-00820, 2017 WL 539266 (N.Y. App. Div. 4th Dept. Feb. 10, 2017), the Appellate Division unanimously confirmed, under N.Y. Executive Law § 298, a determination by the New York State Division of Human Rights that the…

Read More Allegation of “Anti-Female Bias” Insufficient to Overturn State Division of Human Rights Dismissal of Gender Discrimination Claim
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In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna…

Read More Court Upholds NYSDHR Sexual Harassment Determination and Award Against Team Taco Mexico And Individual Harasser
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In Krebaum v Capital One, N.A., 2016 NY Slip Op 02914 (App. Div. 1st Dept. April 14, 2016), the court modified a lower court’s order, and held that plaintiff’s claims of age discrimination and retaliation under the New York State and City Human Rights Law should have been denied. Upon review of the evidence in the…

Read More Negative Comments About Age Sufficient to Overcome Summary Judgment on Plaintiff’s Age Discrimination Claim
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In Russo v. New York State Div. of Human Rights, No. 15-01243, 2016 WL 1066422 (N.Y. App. Div. 4th Dept. Mar. 18, 2016), the court affirmed the State Division of Human Rights’ dismissal of the petitioner’s employment discrimination and retaliation claims. The New York State Division of Human Rights is a statewide administrative agency that…

Read More Discrimination and Retaliation Claims Properly Dismissed by the New York State Division of Human Rights
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The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
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In Rensselaer Cnty. Sheriff’s Dep’t v. New York State Div. of Human Rights, No. 520239, 2015 WL 4757612 (N.Y. App. Div. 3d Dept. Aug. 13, 2015), the court upheld the determination of the New York State Division of Human Rights that the petitioner engaged in unlawful gender discrimination. The court discussed some of the evidence presented…

Read More Court Upholds Sexual Harassment/Hostile Work Environment Finding in Corrections Employee’s Favor by State Division of Human Rights
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In Lozada v. Elmont Fire Dept., decided July 22, 2014, the New York State Division of Human Rights found that complainant, volunteer firefighter Beatrie Lozada, was subjected to a sexually hostile work environment in violation of the New York State Human Rights Law. It dismissed, however, her claims that she was subject to discrimination based on…

Read More “Badonkadonk” Sexual Harassment Results in $60,000 Award to Volunteer Firefighter
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The New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…

Read More Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual Harassment
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