Articles Posted in NYCHRL

Lev Craig

Last week, on November 20, 2017, in Chauca v. Abraham, the New York State Court of Appeals set the standard for punitive damages awards in claims brought under the New York City Human Rights Law (NYCHRL). The New York  Court of Appeals, in keeping with the New York State common law standard, held that the NYCHRL entitles a plaintiff to punitive damages “where the wrongdoer’s actions amount to willful or wanton negligence” or “recklessness” or involve “a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.”

In 2009, Plaintiff Veronika Chauca became pregnant, took a period of maternity leave from her job as a physical therapy aide, and was terminated after her return from leave. She then filed suit in the U.S. District Court for the Eastern District of New York, bringing sex and pregnancy discrimination claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York State Human Rights Law (NYSHRL), and the NYCHRL.

By Edgar M. Rivera, Esq.

For those who follow The Harman Firm Blog, you may recall our article “Second Circuit Addresses Alcoholism Perceived Disability Claims Under NYCHRL,” in which we reported that the Second Circuit in Makinen v. City of New York certified the question of whether §§ 8-102(16)(c) and 8-107(1)(a) of the New York City Human Rights Law (NYCHRL) preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism. Section 8-107(1)(a) prohibits discrimination based an actual or perceived disability. But in the case of alcoholism, § 8-102(16)(c) limits the applicability of the term “disability” to cover only employees who are recovering or have recovered from alcohol use disorder and are currently free from abuse. On October 17, 2017, the Court of Appeals of New York answered the certified question in the affirmative.

Plaintiffs Kathleen Makinen and Jamie Nardini served as New York Police Department (NYPD) officers for several years and, during that time, were falsely accused of abusing alcohol by their respective former partners. Ms. Nardini’s former partner—also the father of her daughter—accused Ms. Nardini of abusing alcohol in the midst of a tumultuous breakup and ongoing custody battle, which led the NYPD to refer Ms. Nardini to its Counseling Services Unit, where she was diagnosed as suffering from alcohol abuse. She accepted treatment only under threat of suspension. Ms. Makinen was similarly referred to the NYPD’s Counseling Services Unit while embroiled in a custody dispute with her former husband. On multiple occasions, Ms. Makinen’s former husband and his family members alleged that Ms. Makinen drank excessively, drove while drunk, and abused her children. The Counseling Services Unit diagnosed Ms. Makinen—like Ms. Nardini—with alcohol dependence, and Ms. Makinen reluctantly agreed to attend a four-week inpatient rehabilitative treatment program to avoid disciplinary actions.  It is undisputed, however, that neither plaintiff was actually an alcoholic.

Edgar M. Rivera, Esq.

On August 22, 2017, in Edwards v. Nicolai, the First Department Appellate Division—the appellate court of the counties of New York and the Bronx—overturned the trial court’s decision to dismiss gender discrimination claims, allowing Plaintiff Dilek Edwards to pursue her claims against Defendants Charles V. Nicolai and his wife, Stephanie Adams, a former Playboy Playmate. Ms. Edwards alleges that Mr. Nicolai and Ms. Adams—co-owners of Wall Street Chiropractic and Wellness (WSCW)—discriminated against her by terminating her employment because she was sexually attractive.

In April 2012, Mr. Nicolai hired Ms. Edwards as a yoga and massage therapist. According to Ms. Edwards, her relationship with Mr. Nicolai was “purely professional,” and Mr. Nicolai “regularly praised Plaintiff’s work performance throughout her period of employment.” In June 2013, however, Mr. Nicolai allegedly “informed Plaintiff that his wife might become jealous of Plaintiff, because Plaintiff was too cute.” Approximately four months later, Ms. Adams sent Ms. Edwards a text message stating, “You are NOT welcome any longer at Wall Street Chiropractic, DO NOT ever step foot in there again, and stay the [expletive] away from my husband and family!!!!!!! And remember I warned you.” A few hours later, Ms. Edwards allegedly received an email from Mr. Nicolai stating, “You are fired and no longer welcome in our office. If you call or try to come back, we will call the police.”

Edgar M. Rivera, Esq.

On May 22, 2017, in Makinen v. City of New York, the Second Circuit certified the following question: does the New York City Human Rights Law (NYCHRL) preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism?  The question will be answered by the New York State Court of Appeals.

Plaintiffs Kathleen Makinen and Jamie Nardini served as New York Police Department (NYPD) officers for several years.  During their employment, each was referred to the NYPD’s Counseling Service Unit (CSU), which offers treatment and rehabilitation for officers struggling with substance abuse. Once an officer is referred to CSU with alleged alcohol-related problems, a trained counselor conducts an intake interview and contacts references to gather information regarding the officer’s reported alcohol use. If an officer is diagnosed with an alcohol use disorder, CSU staff develops a personal treatment plan, which may include educational videos, counseling, Alcoholics Anonymous meetings, outpatient treatment, or inpatient treatment. An officer who refuses treatment is referred to the NYPD’s Medical Division, which may order the officer to undergo treatment or face disciplinary action. The officer is entitled to challenge the disciplinary action in administrative proceedings by filing a grievance with the agency that oversees CSU or through an Article 78 proceeding. Otherwise, once an officer is diagnosed with an alcohol-related problem, receipt by CSU of subsequent evidence of alcohol consumption triggers a mandatory reassessment and, potentially, further treatment.

Owen H. Laird, Esq.

Most employees who work in New York City are covered by the New York City Human Rights Law (“NYCHRL”) – one of the most liberal employment statutes in the nation.  This means that employees in New York City are afforded more protection against workplace discrimination and harassment than those who work outside of the City.

At the same time, New York City has one of the highest immigrant populations in the country, and many of those immigrants own or operate businesses in the City.  These immigrant-owned businesses are integral to the fabric of the city, and range from restaurants and corner stores to law firms and tech companies to factories and warehouses.