Pregnancy Discrimination

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In a recent bulletin, the U.S. Equal Employment Opportunity Commission (EEOC) announced the resolution (via Consent Decree) of plaintiff’s gender/pregnancy discrimination claim against Manhattan restaurant Lucy’s Cantina Royale. Notably, from the bulletin: The EEOC’s lawsuit asserted that the restaurant group fired a server working at Lucy’s Cantina Royale after it learned of her pregnancy and…

Read More EEOC Reports $45,000 Settlement in Pregnancy Discrimination Suit Against Lucy’s Cantina Royale
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In Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “[1] that the harassment was ‘sufficiently severe or…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile Environment
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In Taylor v. Baylar, No. 151924/2020, 2020 WL 6435450, 2020 N.Y. Slip Op. 33610(U) (N.Y. Sup Ct, New York County Oct. 22, 2020), the court denied defendants’ motion to dismiss plaintiff’s claims for pregnancy discrimination under the New York State and City Human Rights Laws. As to the state law claim, the court held: Plaintiff’s…

Read More Pregnancy Discrimination Claim Sufficiently Alleged Under New York’s “Notice Pleading” Standard
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In Benitez v. Jamaica Hosp. Medical Center, No. 507954/2017, 2020 WL 7132073 (N.Y. Sup Ct, Kings County Dec. 01, 2020), the court granted defendant’s motion to set aside the jury verdict on plaintiff’s hostile work environment claim, reasoning that “[a] single, ill considered remark over the entire course of plaintiff’s employment is not sufficiently severe…

Read More Single Remark Insufficient to Sustain Jury Verdict on Hostile Work Environment CaseTanks
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In Van Soeren v. Disney Streaming Service, 2020 WL 6131255 (S.D.N.Y. Oct. 16, 2020), the court dismissed plaintiff’s discrimination complaint asserted under, e.g., Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a male product designer and former at-will employee of defendant – asserted that he was subject to pregnancy discrimination…

Read More Title VII Discrimination Claim, Based on Wife’s Pregnancy, Dismissed; “New Parent” Status Not Protected Class
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In Clarke v. New York City Department of Education et al, 2020 WL 6047426 (E.D.N.Y. Oct. 13, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights…

Read More Retaliation Claims Dismissed Against the NYC Department of Education; “Adverse Action” Preceded “Protected Activity”
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In Clarke v. New York City Department of Education et al, 2020 WL 6047426 (E.D.N.Y. Oct. 13, 2020), the court, inter alia, granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s gender/pregnancy-based hostile work environment claims. Specifically, the court granted the motion regarding plaintiff’s claims under Title VII of the Civil Rights…

Read More Pregnancy-Related Hostile Work Environment Claims Survive Summary Judgment in Part Against the New York City Department of Education
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In Clarke v. New York City Department of Education et al, 2020 WL 6047426 (E.D.N.Y. Oct. 13, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Pregnancy Discrimination Claims Survive Summary Judgment Against the NYC Dept. of Education
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In Gruber v. Glam, Inc., No. 654719/2018, 2020 WL 5590259, 2020 N.Y. Slip Op. 33088(U) (N.Y. Sup Ct, New York County Sep. 18, 2020), the court, inter alia, held that plaintiff stated claims of discrimination based on religion (Judaism) and pregnancy under the New York State and City Human Rights Laws. After summarizing the “black…

Read More Religious, Pregnancy Discrimination Claims Stated Against Glam, Inc.
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In Griffith v. Coney Food Corp. d/b/a Checkers et al, 2020 WL 4748452 (E.D.N.Y. August 17, 2020) – a gender/pregnancy discrimination case – the court, inter alia, held that plaintiff alleged sufficient facts that defendant (Checkers) is her “joint employer” under the New York State and City Human Rights Laws. The court summarized the contours…

Read More Gender/Pregnancy Discrimination Plaintiff Overcomes Motion to Dismiss Based on “Joint Employer” Doctrine
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