Pregnancy Discrimination

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In Romero v. St. Vincent’s Services, Inc., 2023 WL 3477161 (2d Cir. May 16, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s claims of gender and pregnancy discrimination. From the decision, regarding plaintiff’s claims asserted under Title VII of the Civil Rights Act of 1964: We…

Read More Pretext Not Shown in Gender/Pregnancy Discrimination Case; Dismissal Affirmed
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In Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…

Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense Inapplicable
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In Biondolillo v. Livingston Correctional Facility et al, Case # 17-CV-6576-FPG, 2023 WL 2043827 (W.D.N.Y. Feb. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, while there is scarce evidence to suggest that…

Read More Pregnancy Discrimination Claim Survives Summary Judgment; Evidence Included “Demeaning” Remarks About Pregnancy Complications
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In Karantzoulis v. NYU Langone Medical Center, No. 160154/2016, 2023 WL 2020047 (N.Y. Sup Ct, New York County Feb. 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s gender/pregnancy discrimination claim. From the decision: A review of the record reflects that there are triable issues of fact exist regarding plaintiff’s termination and…

Read More Gender/Pregnancy Discrimination Claim Survives Summary Judgment Against NYU; Evidence Revealed Inconsistent Explanations for Termination
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In New York State Division of Human Rights v. Boro Park Senior Living Community, LLC, No. 2020-06565, 522888/19, 2023 N.Y. Slip Op. 00425, 2023 WL 1425578 (N.Y.A.D. 2 Dept., Feb. 01, 2023), the court, inter alia, confirmed the determination of the New York State Division of Human Rights awarding the complainant damages arising from discrimination…

Read More Pregnancy Discrimination Award Confirmed Against Boro Park Senior Living Community LLC
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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Fugarino v. Milling, Benson, Woodward LLP, No. 21-594, 2022 WL 6743191 (E.D.La. Oct. 11, 2022), the court, inter alia, denied defendant’ motion on plaintiff’s claim of a sex/pregnancy-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s proof, at least in part, as follows:…

Read More Sex/Pregnancy Hostile Work Environment Claim Survives Summary Judgment Against Louisiana Law Firm
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In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
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In McKenna v. Santander Investment Securities, Inc. et al, 21cv941 (DLC), 2022 WL 2986588 (S.D.N.Y. July 28, 2022), the court, inter alia, held that plaintiff’s pregnancy discrimination claim (in part) survived summary judgment. Here, plaintiff alleged pregnancy discrimination based on two pregnancies, one in 2019, and one in 2020.  The court reached different decisions regarding…

Read More Pregnancy Discrimination Claim Survives Summary Judgment (In Part) Against Santander Investment Securities
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of discrimination based on gender and familial/caregiver status in violation of the New York State and City Human Rights Laws. After determining that plaintiff…

Read More Sex/Gender, Pregnancy, Familial/Caregiver Status Discrimination Claims Survive Dismissal: Pittman v. Yantiss et al
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