Sex / Gender Discrimination

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In McConaughey v. Port Authority of New York and New Jersey, 21-CV-6137 (RA), 2024 WL 5168018 (S.D.N.Y. Dec. 18, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: McConaughey alleges that he…

Read More Title VII Sex-Based Hostile Work Environment, Retaliation Claims Survive Summary Judgment Against Port Authority
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In Sanchez v. New York City Housing Authority, 23-CV-8683 (JMF), 2024 WL 5119372 (S.D.N.Y. Dec. 16, 2024), the court, inter alia, granted summary judgment to defendant on plaintiff’s sex-based hostile work environment claims. From the decision: Next, Sanchez brings a hostile work environment claim under Title VII. To survive summary judgment on a hostile work…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Employer’s Action Prevented Imputing Alleged Conduct
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In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Sex Discrimination Claims Dismissed Against Con Edison
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In Roberson v. New York City Health and Hospitals Corp., No. 151841/2023, 2024 WL 4957306 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Here, Roberson…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Isolation Following Expression of Concerns About Race-Based Pay
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In a recent case, O’Rear v. Diaz, 24 Civ. 1669 (PAE), 2024 WL 4903722 (S.D.N.Y. Nov. 27, 2024), the court addressed an issue arising in a number of employment discrimination/sexual harassment cases, namely, the production of sexual harassment and sexual assault complaints by employees other than the plaintiff. From the decision: Plaintiff S. O’Rear sues…

Read More Plaintiff Entitled to Discovery of Sexual Harassment and Sexual Assault Complaints Made by Employees, Court Rules
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In Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Most of Ms. Sfanos’s sex-related allegations amount to inappropriate comments of…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Include Sexual Comments and a “Humping Gesture”
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In Diaz-Roa v. Hermes Law, P.C. et al, 24-cv-2105 (LJL), 2024 WL 4866450 (SDNY Nov. 21, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sexual harassment asserted under the New York State and City Human Rights Laws. From the decision: The complaint contains several paragraphs of conduct alleged to constitute…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Focus on Plaintiff’s, But Not Male Employees’, Appearances
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In Mazzuchelli v. Immutable Pty. Ltd and Lightsource Global, 23-cv-7885 (NSR), 2024 WL 4817535 (S.D.N.Y. Nov. 18, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized and applied the law as follows: A…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Graphic Sexual Discussions” and “Sexual Overtures” Notwithstanding
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In Sol Back v. Bank Hapoalim, B.M., Gil Karni, 2024 WL 4746263 (2d Cir. Nov. 12, 2024), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s dismissal of plaintiff’s claim of sex-based discrimination under Title VII of the Civil Rights Act of 1964. The district court held that plaintiff did not…

Read More Applying New “Adverse Employment Action” Standard, 2d Circuit Vacates Dismissal of Title VII Sex-Discrimination Claims
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