Sex / Gender Discrimination

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In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Richmond v. Montefiore Medical Center, 21 Civ. 8700 (PGG), 2023 WL 6216271 (S.D.N.Y. Sept. 25, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based discrimination (termination) claim asserted under the New York State and City Human Rights Laws. Here is the court’s discussion of the third/final “pretext” step of the pertinent…

Read More Gender Discrimination Claims Survive Summary Judgment Against Montefiore Medical Center
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In a recent case, Austin v. Phone2Action, Inc., 21-CV-491 (MKB), 2023 WL 6201409 (E.D.N.Y. Sept. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. In evaluating this claim, the court applied the well-known McDonnell-Douglas burden-shifting framework. In…

Read More Sex Discrimination Claims Survive Summary Judgment; Pretext Evidenced By Inconsistency Between Proffered Termination Reasons
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In Cruz v. Nusret New York LLC, No. 157935/2021, 2023 WL 6126229, at *1 (N.Y. Sup Ct, New York County Aug. 29, 2023) – a case in which plaintiff asserts causes of action for gender and nationality-based discrimination, hostile work environment, and retaliation in violation of the New York State and New York City Human…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Granted; Absence of Signed Agreement Not Dispositive
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In Keeney v. New York-Presbyterian Queens, No. 702508/2019, 2023 WL 5979409, 2023 N.Y. Slip Op. 33090(U) (N.Y. Sup Ct, Queens County Aug. 16, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. As to…

Read More Discrimination and Hostile Work Environment Claims Survive Summary Judgment Against NY Presbyterian Queens
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In Carmody v. New York University, et al, 21 Civ. 8186 (LGS), 2023 WL 5803432 (S.D.N.Y. Sept. 7, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based discrimination claims. After determining that plaintiff presented a prima facie case of discrimination and that defendants articulated a legitimate reason for plaintiff’s termination…

Read More Doctor’s Sex Discrimination Claims Survive Summary Judgment Against NYU
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In Collymore v. City of New York et al, 16-CV-8270-LTS-OTW, 2023 WL 5834784 (S.D.N.Y. Sept. 8, 2023), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. Under the operative statutes, plaintiff was required to show that the discriminatory harassment she experienced was “because of” a protected characteristic – here, sex. Applying…

Read More Sexual Harassment Claims Dismissed; Alleged Touching Was Not Sex-Based
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Famuyide v. Chipotle Mexican Grill, Inc. et al, 2023 WL 5651915, (D.Minn. August 31, 2023), the court, applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), denied the defendant’s motion to compel arbitration. That statute provides, in pertinent part: Notwithstanding any other provision of this title, at the…

Read More Court Denies Chipotle’s Motion to Compel Arbitration of Sexual Harassment Claim; Dispute Arose After “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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