Gender Discrimination

In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds

In Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…

Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected Characteristic

In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim. Initially, the court held that plaintiff was properly precluded from relying on her deposition testimony to raise a genuine issue of fact about giving…

Read More Citing Plaintiff’s “Crude Remark”, 2d Circuit Affirms Dismissal of Gender Discrimination Claim; Pretext Not Shown

In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules

In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims

In a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…

Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Association

In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment

In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks

In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank

In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority