Sex / Gender Discrimination

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In Karantzoulis v. NYU Langone Medical Center, No. 160154/2016, 2023 WL 2020047 (N.Y. Sup Ct, New York County Feb. 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s gender/pregnancy discrimination claim. From the decision: A review of the record reflects that there are triable issues of fact exist regarding plaintiff’s termination and…

Read More Gender/Pregnancy Discrimination Claim Survives Summary Judgment Against NYU; Evidence Revealed Inconsistent Explanations for Termination
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In Davis v. Cape May Prosecutor’s Office, Civ. No. 1:22-cv-00783-NLH-EAP, 2023 WL 1883327 (D.N.J. Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiffs’ sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. In stating the “black letter” law applicable to such claims, the court…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Alleged; Allegations Included Lewd Jokes, Criticism, Use of the Word “Bitches,” Etc.
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In Aponte v. Clinton Street Pizza Inc., 2023 WL 1795189 (S.D.N.Y. Feb. 7, 2023), the court, inter alia, granted plaintiffs’ application for a default judgment on their claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. As to…

Read More Court Awards Plaintiffs Default Judgment on Claims of Sexual Harassment Against Clinton Street Pizza
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In Heavans v. Dodaro, No. 22-836 (BAH), 2022 WL 17904237 (D.D.C. Dec. 23, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination based on his national origin (Iranian), but not his sex. With respect to the issue of whether the alleged offending conduct constitutes an actionable “adverse employment action,” the…

Read More National Origin Discrimination Claim, Based on Alleged “Mimicking” and “Caricaturing” Iranian Background and Accent, Survives Dismissal
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In New York State Division of Human Rights v. Boro Park Senior Living Community, LLC, No. 2020-06565, 522888/19, 2023 N.Y. Slip Op. 00425, 2023 WL 1425578 (N.Y.A.D. 2 Dept., Feb. 01, 2023), the court, inter alia, confirmed the determination of the New York State Division of Human Rights awarding the complainant damages arising from discrimination…

Read More Pregnancy Discrimination Award Confirmed Against Boro Park Senior Living Community LLC
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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Wallace v. Performance Contractors, Incorporated, 2023 WL 21856 (5th Cir. Jan. 3, 2023), the court reversed the lower court’s order dismissing plaintiff’s hostile work environment sexual harassment claim. As to whether the alleged conduct was severe or pervasive, the court explained: We agree with the district court that a reasonable jury could find that…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was “Severe or Pervasive” and Defendant Was Not Entitled to Faragher/Ellerth Defense
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In Wasserman v. Kiran Ahuja, Director, Office of Personnel Management, et al, Defendants., No. 21-0026 (ABJ), 2023 WL 157319 (D.D.C. Jan. 11, 2023), the court dismissed plaintiff’s age- and gender-based hostile work environment claims asserted under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. After summarizing the…

Read More Conduct by “Mean Girls” Insufficient to Give Rise to Actionable “Hostile Work Environment”, Court HoldsEngaged in
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In Parker v. Israel Discount Bank of New York, Inc., No. 21-CV-7196 (VEC), 2022 WL 16833626 (S.D.N.Y. Nov. 9, 2022), the court discussed and applied the “administrative exhaustion” requirement for asserting a claim in court under Title VII of the Civil Rights Act of 1964. Specifically, it denied plaintiff’s motion to amend her complaint to…

Read More “Passing References” to Gender in EEOC Charge Insufficient to Exhaust Administrative Remedy; Leave to Amend Complaint Denied as Futile
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