Employment Discrimination

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In Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…

Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently Pled
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In Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of…

Read More Sexual Orientation Discrimination Claim Must Be Arbitrated; Consent to Arbitration Was “Knowing and Voluntary”
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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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In Caputo v. Copiague Union Free Sch. Dist., No. CV 15-5292 (DRH), 2016 WL 6581865 (E.D.N.Y. Nov. 4, 2016), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim under the Americans with Disabilities Act and the New York State Human Rights Law. The court summarized the law: In order to state a…

Read More Retaliation, But Not Age Discrimination, Claims Sufficiently Alleged; Seven-Month Gap Between Disability Accommodation Request and Alleged Retaliatory Act Not Too Long as a Matter of Law
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From James v. City of N.Y., No. 157296/14, 2016 WL 6637734 (N.Y. App. Div. 1st Dept. Nov. 10, 2016): Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination…

Read More Correction Officer Sufficiently Alleges Sexual Orientation Discrimination Under the NYC Human Rights Law
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From Radler v. Catholic Health Sys. of Long Island, Inc., No. 2014-10867, 2016 WL 6604540 (N.Y. App. Div. 2d Dept. Nov. 9, 2016): To establish entitlement to summary judgment in a case alleging discrimination, the defendants must demonstrate either the plaintiff’s inability to establish every element of intentional discrimination, or, having offered a legitimate, nondiscriminatory reason…

Read More Sexual Harassment Claim Properly Dismissed on Summary Judgment; “Coarse Comments” Regarding Inappropriate Attire Insufficient
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In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and…

Read More Sexual Harassment, Retaliation Claims Properly Dismissed Against NYC Dept. of Education
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Donald J. Trump’s election is likely to be a major topic of discussion among many people, particularly at work. The topic of sex – including sexual harassment and sexual assault – has, one could say, dominated this election. While sex is no stranger to politics (see, e.g., Clinton/Lewinsky) this time seems … different. Examples include…

Read More Donald Trump, Sexual Harassment, and the Workplace
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In Cargian v. Breitling USA, Inc., No. 15 CIV. 01084 (GBD), 2016 WL 5867445 (S.D.N.Y. Sept. 29, 2016), U.S. District Judge George B. Daniels dismissed the complaint filed by plaintiff, a gay man, alleging claims of gender, sexual orientation, and age discrimination. (You can read about plaintiff’s lawsuit here.) Gender Discrimination/Stereotyping As to plaintiff’s Title…

Read More Distinguishing Between “Sexual Orientation Discrimination” and “Gender Stereotyping”, Court Dismisses Gay Man’s Discrimination Claim
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