Sex / Gender Discrimination

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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Carter-Marks v. Alstom Transport USA Inc., 2025 WL 2680998 (E.D.N.Y. Sept. 19, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates the principle, cited often by courts, that actions that might…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Intimidation” Insufficient
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In Smith v. Meta Platforms, Inc., 24 Civ. 4633 (JPC), 2025 WL 2782484 (S.D.N.Y. Sept. 30, 2025), the court held that a party invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) must actually allege facts that constitute sexual harassment. Here, the plaintiff did not: To determine whether this…

Read More Non-Sexual Gender Discrimination Did Not Trigger EFAA’s Arbitration Bar
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In Mehta, Anisha v. DLA Piper LLP, 23 Civ. 4757 (AT), 2025 WL 2771659 (S.D.N.Y. Sept. 29, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claims of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Pregnancy Discrimination Claims Survive Summary Judgment Against DLA Pipler
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In Carey v. NYS Department of Health, 2025 WL 2732918 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision illustrates the difference between the relatively restrictive federal law, on the…

Read More Sex-Based Hostile Work Environment Claims Survive Under New York State and City Human Rights Laws
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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In Brown v. Fat Dough Incorp. doing business as Dominos Pizza, 2025 WL 2663170 (N.D.N.Y. Sept. 17, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates that even “inappropriate behavior” may fall below…

Read More Title VII Sexual Harassment Claim, Based on “Inappropriate” Comments, Dismissed
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In Pullman et al v. Collins et al, No. 24-CV-1383 (KMK), 2025 WL 2673807 (S.D.N.Y. Sept. 18, 2025), the court, inter alia, denied defendants’ motion to dismiss a plaintiff’s claim of hostile work environment sexual harassment asserted under the New York State Human Rights Law. From the decision: Next, Defendants argue that Dinsmore has failed…

Read More Sexual Harassment Claim Sufficiently Alleged Under Recently-Amended NYS Human Rights Law, Court Holds
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In Mimitz v. Safe Haven Security Services, LLC, 2025 WL 2650441 (Conn.Super. Sept. 9, 2025), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: The defendant moves for summary judgment on the ground that there exists no genuine issue of material fact as to the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged “Vulgar” Language Insufficient
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In Delgado v. Donald Trump for President, Inc., Sean Spicer, Reince Priebus, Stephen Bannon, 19 Civ. 11764 (AT), 2025 WL 2636259 (S.D.N.Y. Sept. 11, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s pregnancy discrimination claims asserted under the New York State Human Rights Law (NYSHRL) and the New York City…

Read More Pregnancy Discrimination Claims Against Trump Campaign Survive Summary Judgment
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