Sex / Gender Discrimination

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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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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Ward v. Cohen Media Publications LLC et al, Case No. 1:22-cv-06431 (JLR), 2023 WL 5353342 (S.D.N.Y. August 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sex- and religion-based discrimination. As to her claims of sex discrimination, the court explained: Turning first to her claims for sex discrimination, Plaintiff…

Read More Sex Discrimination Claims Sufficiently Alleged Against Cohen Media Publications, Court Holds
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In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
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In Washington v. NYC Madison Avenue Medical P.C. et al, No. 20-CV-03446-LTS-SN, 2023 WL 4980215 (S.D.N.Y. August 3, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex/pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. In sum,…

Read More Pregnancy Discrimination Case Survives Summary Judgment
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In Silvers v Jamaica Hospital, No. 2021-00446, 620936/19, 2023 N.Y. Slip Op. 03938, 2023 WL 4751994 (N.Y.A.D. 2 Dept., July 26, 2023), the court reversed a lower court determination dismissing plaintiff’s claims of sex discrimination asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s discrimination claims as follows: The…

Read More Sex Discrimination Claims Sufficiently Alleged Against Jamaica Hospital
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In McIntosh v City of New York, No. 505675/2022, 2023 N.Y. Slip Op. 50761(U), 2023 WL 4753854 (N.Y. Sup. Ct. Kings Cty. July 10, 2023), the court, inter alia, granted defendant’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision operates as a…

Read More Hostile Work Environment Claims Dismissed Against the City of New York
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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), 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. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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In Goodson v. County of Plumas et al, 2023 WL 4678990 (E.D.Cal. July 21, 2023), the court, inter alia, held that plaintiff proved that she was subjected to sexual harassment under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act – but that, as noted below, defendants…

Read More Sexual Harassment Claims Survive, in Part; Evidence Included Sexual Comments and Touching
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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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