Sex / Gender Discrimination

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In Shkoza v. NYC Health & Hospitals Corporation, No. 20-CV-3646 (RA), 2024 WL 1116145 (S.D.N.Y. March 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: [Plaintiff] Shkoza also brings an underlying claim…

Read More Sexual Harassment Claim Dismissed; Shoulder Touching Insufficient, Court Holds
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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In  Sawyers v. Christine McMahon, 1:23-cv-05494 (PAE) (SDA), 2024 WL 665681 (S.D.N.Y. Jan. 29, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims. This decision, like many, illustrates that in order to be actionable, the alleged hostility must be connected to the plaintiff’s membership in a protected class (such as sex, race, etc.).…

Read More Lacking Link to Protected Class, Alleged Hostile Work Environment Claims Dismissed
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Brown v. Cnty. of Westchester, 22-CV-06146 (PMH), 2024 WL 21937 (S.D.N.Y. Jan. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race discrimination, sex/gender discrimination, and hostile work environment (but only as to timely conduct). From the decision: To establish a prima facie case of discrimination under Title VII…

Read More Title VII Race Discrimination Claim Survives Dismissal; Sexual Harassment Claim Dismissed as Time-Barred
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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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In Angelis v. Philadelphia Housing Authority, 2024 WL 643142 (E.D.Pa. Feb. 15, 2024), the court, inter alia, dismissed plaintiff’s sex discrimination claims. From the decision: Plaintiff pled that he was a member of a protected class and that he was subjected to an uncomfortable comment from a fellow Network Technician, who stated that “someone has…

Read More Title VII Sex Discrimination Claim Dismissed; One Comment Relating to Failure to Conform to Gender Stereotypes Held Insufficient
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In S.S v. Diocese of Brooklyn, No. 523927/2019, 2024 WL 515477 (N.Y. Sup Ct, Kings County Feb. 05, 2024), the court, inter alia, denied defendants’ motion to strike “scandalous” language from plaintiff’s complaint. From the decision: Defendants move by Notice of Motion seq. 002 for an order striking scandalous and unnecessary language from the complaint…

Read More “Scandalous” Language, Pertaining to History of Concealment of Alleged Priest Sexual Abuse, Was Pertinent to Claims and Thus Not Stricken, Court Rules
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