Sex / Gender Discrimination

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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sex-based discrimination asserted under the New York City Human Rights Law. From the decision: Summary judgment is denied on one branch of Plaintiff’s…

Read More City Law Sex Discrimination Claim, Based on Alleged Sexist Remarks Including Being Told to “Smile More”, Survives Summary Judgment
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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In reaching its decision, the court applied the well-established McDonnell Douglas burden-shifting analysis…

Read More Retaliation Claim, Arising From Complaint About Sex Discrimination, Survives Summary Judgment Against NYU Langone Health System
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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In Torres v. Pasco County, Florida, 2022 WL 7125207 (M.D.Fla. Oct. 12, 2022), the court, inter alia, dismissed plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, Plaintiff claims that she was subject to unwelcome sexual harassment through “cat calls.” However, Plaintiff offers…

Read More Sexual Harassment Complaint Dismissed; Alleged “Cat Calls” Insufficient
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In Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…

Read More National Origin, Sexual Harassment Claims Reinstated Against Con Edison
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. (The court did, however, deny defendant’s motion for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; While Sex-Based Conduct Was “Severe”, There Was No Basis For Imputing Conduct to Defendant
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In Bernard v. Care Design N.Y. et al, No. 20-cv-1527 (LJL), 2022 WL 4484556 (S.D.N.Y. Sept. 27, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based failure-to-promote claim asserted under Title VII of the Civil Rights Act of 1964. After reviewing, and rejecting, plaintiff’s other claims – including his claims of national…

Read More Gender-Based Failure-to-Promote Claim Sufficiently Alleged, Court Holds
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In Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…

Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In a recent decision, captioned Cannon v. Communication Components, Inc. et al, No. 2:20-cv-01626 (WJM), 2022 WL 4300247 (D.N.J. Sept. 19, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claim of hostile work environment sexual harassment asserted under the Washington Law of Discrimination (WLAD). From the decision: Upon reviewing…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Attempted Kiss and Strip Club Visits
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