Mihalik v. Credit Agricole Cheuvreux N. Am., Inc.
715 F.3d 102 (2d Cir. 2013) Cited 1,173 times 4 Legal AnalysesHolding that to succeed on an NYCHRL claim, a plaintiff must establish that he "has been treated less well at least in part" because of his membership in a protected class
Ross v. Louise Wise Services
2007 N.Y. Slip Op. 3793 (N.Y. 2007) Cited 604 times 1 Legal AnalysesHolding that it would not be appropriate to punish an adoption agency for its 1960's era policy of not disclosing adopted children's mental health records in part because mental health professionals of that era "thought that mental illness could be avoided if a child were placed in a loving environment and that disclosure of birth parents' emotional disturbances would negatively affect the child's bonding with the adoptive parents"
Albunio v. City of New York
2011 N.Y. Slip Op. 2480 (N.Y. 2011) Cited 350 times 4 Legal AnalysesHolding that courts must construe provisions of the NYCHRL "broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible"
Farias v. Instructional Systems, Inc.
259 F.3d 91 (2d Cir. 2001) Cited 364 times 1 Legal AnalysesHolding that the federal standard applies to claims for punitive damages under NYCHRL
Thoreson v. Penthouse Intl
80 N.Y.2d 490 (N.Y. 1992) Cited 422 timesRelying on expressio unius, statutory language, and legislative history to foreclose expansion of listed damages remedies
Romanello v. Intesa Sanpaolo, S.P.A.
2013 N.Y. Slip Op. 6600 (N.Y. 2013) Cited 200 times 1 Legal AnalysesHolding that plaintiff's request for “a continued leave of absence to allow him to get better and return to work” where his return to work date was indefinite was an unreasonable request for indefinite leave
DaimlerChrysler v. Spitzer
7 N.Y.3d 653 (N.Y. 2006) Cited 225 timesIn Spitzer, James Warner bought a new truck manufactured by General Motors Corporation in March 2003. Shortly after acquiring the truck, Warner discovered a transmission problem and attempted to have the problem fixed on five occasions between April and November 2003.
Nardelli v. Stamberg
44 N.Y.2d 500 (N.Y. 1978) Cited 334 timesRecognizing that a finding of malice that establishes a malicious prosecution claim supports an award of punitive damages
Sharapata v. Town of Islip
56 N.Y.2d 332 (N.Y. 1982) Cited 274 timesHolding that state and political subdivisions are not subject to punitive damages
Wiercinski v. Mangia 57, Inc.
787 F.3d 106 (2d Cir. 2015) Cited 106 times 1 Legal AnalysesHolding "[t]he only conduct that can be imputed to [the employer] that [the employee] alleges was ‘malicious’ or ‘recklessly indifferent’ was [a supervisor's] alleged failure to act after [the employee] complained to her about the discrimination," yet noting that "even if this fact could establish an employer's liability for co-worker harassment, it does not, by itself, warrant an award of punitive damages"
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,415 times 129 Legal AnalysesGranting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 37,792 times 234 Legal AnalysesGranting equal rights to "make and enforce contracts" without regard to race
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,639 times 39 Legal AnalysesFinding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 290 - Purposes of article
N.Y. Exec. Law § 290 Cited 2,917 times 4 Legal AnalysesDescribing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"
Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort
N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27 Cited 230 times 2 Legal AnalysesAuthorizing the New York Court of Appeals to review certain certified questions