Sex / Gender Discrimination

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In Palmer v. Starbucks Corporation et al, 23 Civ. 6951 (JPC), 2024 WL 2779032 (S.D.N.Y. May 28, 2024), the court granted defendants’ motion to compel arbitration of plaintiff’s discrimination and hostile work environment claims and stayed the action pending arbitration. From the decision: Palmer has failed to show a genuine issue of material fact to…

Read More Court Grants Starbucks’ Motion to Compel Arbitration of Employment Discrimination Claims
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In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
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In Azanedo v. Alaris Health at Castle Hill, 2024 WL 1727654 (N.J.Super.A.D., 2024), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: After examining the record on appeal, and considering the proofs as a whole, whether plaintiff was called a “bitch” on a “daily” basis or whether…

Read More Sex-Based Hostile Work Environment Claim Properly Dismissed; Court Cites Plaintiff’s Use of the Word “Bitch”
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In Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate). As to plaintiff’s hostile work environment claims, the court explained: Under…

Read More Plaintiff Sufficiently Alleges Sex and Race-Based Hostile Work Environment Claims Against the City of New York, Court Holds
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In Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate). As to plaintiff’s discrimination claims, the court explained that…

Read More Race, Gender Discrimination Claims Sufficiently Alleged; Allegations Included Denial of Overtime, Transfers, and Promotions
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In Elco, Melissa Breitenbach v. Yvette Aguiar, et al, No. 2022-01691, 614414/20, 2024 N.Y. Slip Op. 01796, 2024 WL 1423822 (N.Y.A.D. 2 Dept., Apr. 03, 2024), the court affirmed the lower court’s denial of defendant’s motion, pursuant to CPLR 3211(a), to dismiss plaintiff’s discrimination claim asserted under the New York State Human Rights Law. From…

Read More Plaintiff Sufficiently Alleges “Inferior Terms, Conditions or Privileges of Employment” Under the Amended NYS Human Rights Law
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In Ventura v. City of New York, No. 153283/2023, 2024 WL 1051928 (N.Y. Sup Ct, New York County Mar. 6, 2024), the court granted plaintiff’s motion for default judgment under New York Civil Practice Law and Rules 3215. From the decision: In this action to recover damages for alleged sexual harassment discrimination, plaintiff AMMY VENTURA…

Read More Court Grants Motion Seeking Default Judgment on Quid Pro Quo Sexual Harassment Claim
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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