Maybe.  In Makinen v. City of New York, 857 F.3d 491 (2d Cir. May 22, 2017), the U.S. Court of Appeals for the Second Circuit recently certified, to the New York Court of Appeals, this very question – whether a plaintiff may state a claim for disability discrimination under the New York City Human Rights Law…

On May 4, 2017, in Griffin v. Sirva, Inc., 2017 NY Slip Op 03557 (2017), the New York Court of Appeals held that while only “employers” may be liable for criminal conviction discrimination under § 296(15) of the New York State Human Rights Law (“NYSHRL”), the definition of “employer” may extend beyond an employee’s direct…

In Baez v. Anne Fontaine USA, Inc., 2017 U.S. Dist. LEXIS 1630 (S.D.N.Y. Jan. 5, 2017), the Southern District of New York denied a clothing retailer’s motion for summary judgment where a terminated employee alleged that: (1) subordinates had spread rumors about her showing her breasts to the CEO, and (2) she was terminated in…

Title VII’s anti-retaliation provision prohibits any employer action that may dissuade a reasonable worker from making or supporting a charge of discrimination. This provision is meant to further “Title VII’s goal of a workplace free from discrimination . . . by preventing an employer from interfering (through retaliation) with an employee’s efforts to secure or…

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