Sex / Gender Discrimination

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In Clincy v. Packaging Corporation of America, No. 3:23-CV-547-CWR-LGI, 2024 WL 4311511 (S.D.Miss. Sept. 26, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Generally speaking, there are two types of sexual harassment claims…

Read More Court Holds That Plaintiff Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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In Simmons v. The City of New York, No. 157761/2023, 2024 WL 4467701 (N.Y. Sup Ct, New York County Oct. 08, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and gender discrimination. From the decision: To sufficiently allege a prima facie case of employment discrimination under State HRL and…

Read More Race, Gender Discrimination Sufficiently Alleged Against City of New York
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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Benitez v Jamaica Hospital Medical Center, No. 2020-09593, 507954/17, 2024 N.Y. Slip Op. 04539, 2024 WL 4281076 (N.Y.A.D. 2 Dept., Sep. 25, 2024), the court upheld the lower court’s dismissal of plaintiff’s pregnancy discrimination claim under the New York City Human Rights Law. The court explained, and applied, the law as follows: The New…

Read More Single Comment Insufficient to Establish Pregnancy Discrimination, Court Holds
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In Rivera v. The CSI Companies Inc., Case No: 8:24-cv-01450-WFJ-NHA, 2024 WL 4264839 (M.D.Fla. Sept. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she received “unwarranted and unwelcome sexual advances”…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Co-Worker’s Sexual Comments, Survives Dismissal
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants discriminated against him based on race and…

Read More Race and Sex Discrimination Claims Sufficiently Alleged Against Amazon; Assignment to Custodial Duties Was an “Adverse Employment Action”
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In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
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In Golubovych v. Saks 5th Avenue, Inc., 1:22-cv-9923-MKV, 2024 WL 4135251 (S.D.N.Y. Sept. 10, 2024), the court, inter alia, dismissed plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Saks next argues…

Read More Title VII Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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