Sex / Gender Discrimination

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In Williams v. Genmill LLC, No. 652706/2020, 2023 WL 2650427, 2023 N.Y. Slip Op. 30942(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of gender discrimination under the New York State Human Rights Law. The plaintiff here alleged, among other things, that defendant…

Read More Absence of Employer/Employee Relationship Dooms NYS Human Rights Law Gender Discrimination Claim
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…

Read More Patron Sexual Harassment Claim Survives Summary Judgment
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In Judkins v. The Brooklyn Hospital Center et al, 2023 WL 2652279 (E.D.N.Y. March 27, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. To plead a claim for hostile work…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; Favoring Friends Held Insufficient
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In Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…

Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense Inapplicable
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In Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…

Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That Capacity
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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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A recent case, Bady v. Illinois Central Railroad Company, No. 2:21-cv-2693-MSN-cgc, 2023 WL 2482229 (W.D.Tenn. March 13, 2023), illustrates the difficulties encountered by plaintiffs in attempting to plead and prove a hostile work environment claim. To wit: Drawing a chalk line down Plaintiff’s buttock without his knowledge or consent, posting a photo about it, and…

Read More Hostile Work Environment Claim Insufficiently Alleged; “Chalk Buttock Line” Insufficient
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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