Sex / Gender Discrimination

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In Bouziotis v. Iron Bar, LLC, 2022 WL 1144916 (N.J. Super. A.D. April 19, 2022), the court affirmed the dismissal of plaintiff’s gender-based hostile work environment under the New Jersey Law Against Discrimination (LAD). In sum, plaintiff alleged that, among other things, instead of using plaintiff’s proper name, the defendant bar’s part owner (individual defendant…

Read More Hostile Work Environment Claim Dismissed; “Loutish”, “Unprofessional”, “Inappropriate” Conduct Insufficient
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In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
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In Davis v. Elwyn, Inc., 20-cv-05798, 2022 WL 970842 (E.D.Pa. March 31, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who worked as a Mental Health Program Specialist for defendant, alleged that defendant subjected her to a hostile work environment…

Read More Sex/Race-Based Hostile Work Environment Claims Dismissed; Mental Health Specialist Did Not Suffer “Objectively” Hostile Environment Resulting From Patient’s Alleged Harassment
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In Byars v. Asbury Management Services, LLC, 2022 WL 468598 (S.D.Miss. Feb. 15, 2022), the court denied 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. In sum, plaintiff alleged, among other things, that her coworker (Massey) sexually harassed her…

Read More Title VII Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Text Messages Did Not Establish That Sexual Harassment Was “Welcomed”
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In Pascua v. Jewel Food Stores, Inc., 20 C 2510, 2022 WL 1045639 (N.D.Ill. April 7, 2022), the court granted defendant’s motion for summary judgment on 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 – including the element that the alleged…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; “Rude” and “Unprofessional” Behavior Was Insufficiently Connected to Gender
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Contentions Included Inappropriate Sexual Comments
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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