Workplace Discrimination

In Watson v Emblem Health Servs., the Appellate Division First Department overturned the lower court’s decision to grant summary judgment to the employer on their disability discrimination claim under the New York City Human Rights Law. In that case, the court held: “giving plaintiff the benefit of all favorable inferences which may reasonably be drawn,…

Read More New York Appellate Division Overturned Grant of Summary Judgment to Emblem Health Services on Disability Discrimination Claims Brought Under New York City Human Rights Law

In Mejia v T.N. 888 Eighth Ave. LLC Co., the Appellate Division First Department affirmed summary judgment for the employer, applying the Continuing Violations doctrine, because according to the court, the employee failed to testify or put forward other evidence of the dates of the alleged harassment within the 3-year statute of limitations period applicable…

Read More Appellate Division Affirms Summary Judgment For Cosmic Diner, Applying Continuing Violations Doctrine, Where Employee Failed to Present Any Specific Instances of Harassment Within Statute of Limitations Period

In Vig v New York Hairspray Co., L.P., the New York Appellate Division First Department upheld the New York Supreme Court decision denying the employer’s motion to dismiss the employee’s disability discrimination claims under the New York City Human Rights Law. The New York Supreme Court held as follows: “In considering a motion to dismiss…

Read More Denying Motion to Dismiss New York City Human Right Claims, Appellate Division Affirms Plaintiff Need Only Give Fair Notice of Nature of Claim and Grounds

In Hamburg v New York Univ. Sch. of Medicine, the New York Appellate Division First Department upheld summary judgment for employer, holding that older employee had failed to demonstrate their was a triable issue of fact as to whether the employer’s stated reason for termination was a pretext for age discrimination. The employer put forward…

Read More New York Appellate Division Upholds Summary Judgment in Favor of NYU School of Medicine on Age Discrimination Claim Under New York City Human Rights Law

In DeFreitas v Bronx Lebanon Hosp. Ctr., New York Appellate Division First Department affirmed the denial of summary judgment for the employer, holding that the employee demonstrated that issues of fact existed as to whether employer’s stated reason for termination was false or unworthy of credence on claims of age discrimination brought under the New…

Read More New York Appellate Division Affirms Denial of Summary Judgment for Employer Under New York City Human Rights Law Age Discrimination Claims

In a seminal opinion by the New York Appellate Division First Department, the court in Bennett v Health Mgt. Sys., Inc. held that unlike claims under the federal or state anti-discrimination laws, evidence that an employer’s stated reasons for taking adverse action against an employee, if shown to be false, misleading, or incomplete, are sufficient,…

Read More Evidence That Employer’s Reason for Adverse Employment Action is False, Misleading, or Incomplete May Be Sufficient on its Own to Deny Summary Judgment in New York City Human Rights Law Claims, Court Says

The New York State Appellate Division, First Department affirmed summary judgment for the employer in Anonymous v Mount Sinai Hosp. on the employee’s disability discrimination claims brought under the New York City Human Rights Law. The court determined that the employee failed to demonstrate their employer was aware that the employee was disabled, as part…

Read More Doctor’s Letter Must State More Than Unspecified “Symptoms” to Put Employer on Notice of Disability Under New York City Human Rights Claim, Court Says

In Weiss v. JPMorgan Chase & Company, the United States District Court for the Southern District of New York held that the causation standard under the New York City Human Rights Law differs from that of the federal Age Discrimination in Employment Act, stating as follows: “The causation standards for Weiss’ age discrimination claims under…

Read More Unlike Claims of Age Discrimination Under the Federal ADEA, Mixed-Motive Causation Standard Applies to Claims Brought Under New York City Human Rights Law, Court Says

The New York Court of Appeals, the highest court in the State of New York, held in Jacobsen v New York City Health & Hosps. Corp. that any “impairment” constitutes a disability under City HRL, and the burden is on employer, not employee, to show unavailability of accommodation and to show accommodation would pose an…

Read More Failure to Engage in Interactive Process Forecloses Summary Judgment for Employer Under New York City Human Rights Law Claims, Court Says

New York’s highest court, the New York Court of Appeals held in Hoffman v Parade Publs. that a person residing outside New York City may bring a claim under the New York City Human Rights Law if the impact of the claim was felt within New York City. The court held as follows: We hold…

Read More Employees Residing Outside New York City May Bring New York City Human Rights Law Claims, Court Says