Sex / Gender Discrimination

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In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
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In Areu v. Fox News Network, LLC, 2021 WL 4124226 (SDNY Sept. 9, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim against Fox News, asserted under Title VII of the Civil Rights Act of 1964, because she failed to plausibly allege that she was Fox News’ “employee” within the meaning of the statute.…

Read More “Liberal Sherpa” Cathy Areu’s Title VII Gender Discrimination Claim Against Fox News Dismissed; Title VII “Employee” Status Insufficiently Alleged
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In Ragin v. Riverbay Corp., 20-2233-cv, 2021 WL 4057196 (2d Cir. Sept. 7, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s sex and disability discrimination claims. As to plaintiff’s sex discrimination claim, the court explained why the proffered “legitimate non-discriminatory” reason for plaintiff’s termination was not a “pretext” for discrimination. From…

Read More Sex Discrimination Claim Properly Dismissed on Summary Judgment; HR Director’s Failure to Act Resulting in Cost to Employer, Not Gender, Was Cause of Termination
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In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
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In Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…

Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment Claim
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In Sansone v. Jazz Casino Company, LLC D/B/A Harrah’s Casino, No. 20-30640, 2021 WL 3919249 (5th Cir. Sept. 1, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the dismissal of plaintiff’s hostile work environment / sexual harassment claim. Plaintiff – a baccarat dealer – alleged, among other things, that she was harassed…

Read More Customer-Based Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Harrah’s
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In Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…

Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources Administration
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In Maner v. Dignity Health, 18-17159, 2021 WL 3699780 (9th Cir. Aug. 20, 2021), the U.S. Court of Appeals for the Ninth Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim asserted under Title VII of the Civil rights Act of 1964, on a “paramour preference” theory. From the decision: In this appeal,…

Read More Ninth Circuit Rejects “Paramour Preference” Theory of Title VII Sex Discrimination Claims
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In Peck v. County of Onondaga et al, 21-CV-651, 2021 WL 3710546 (N.D.N.Y. Aug. 20, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim as insufficiently pled. From the decision: Peck’s allegations of gender discrimination are stronger [than her dismissed religious discrimination claim], but not by enough. The sum total of the specific allegations…

Read More Gender Discrimination Claim Insufficiently Alleged Against Onondaga County et al
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