Sex / Gender Discrimination

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In Sutton v. Stony Brook University et al, 18-cv-7434, 2021 WL 3667013 (E.D.N.Y. Aug. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of sexual harassment under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, et seq.[1]Plaintiff also alleged violations of the First and Fourteenth Amendments to the U.S. Constitution pursuant…

Read More Title IX Sexual Harassment Complaint Dismissed Against Stony Brook University
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In Thomas v. The City of New York, No. 150877/2021, 2021 WL 3624928 (N.Y. Sup Ct, New York County Aug. 10, 2021), the court, inter alia, held that plaintiff sufficiently alleged a claim for race discrimination under the New York City Human Rights Law. From the decision: A plaintiff states a claim of discrimination under…

Read More Discrimination Claim Against NYC, Based on Involuntary Overtime, Reassignment, and Replacement, Sufficiently Alleged
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A recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…

Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”
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In Bockus v. Maple Pro, Inc., 850 Fed.Appx. 48 (2d Cir. March 19, 2021) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: The complaint alleges that Bockus was terminated because he is a…

Read More “Reverse” Sex Discrimination Claim, Asserted by Male Employee, Properly Dismissed, Second Circuit Holds
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In Melendez v. New York City Transit Authority et al, No. 159390/2013, 2021 WL 2627513 (N.Y. Sup Ct, New York County June 24, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of gender discrimination / sexual harassment. This decision is instructive as to the issue of whether and to…

Read More Gender Discrimination / Sexual Harassment Properly Imputed to NYC Transit Authority Under NYC Human Rights Law, Court Holds
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In Lewis v. Anron Air Systems, Inc., No. 503355/2019, 2021 WL 2916973 (N.Y. Sup Ct, Kings County July 12, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race and gender discrimination claims. From the decision: Here, the defendant demonstrated as a matter of law that plaintiff’s termination from her position…

Read More Gender, Race Discrimination Claims Dismissed; Business Slowdown Justified Layoffs, Court Holds
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In Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Sexual Harassment / Hostile Work Environment Sufficiently Alleged Against Liquidnet Holdings, Court Holds
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In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
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In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…

Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular Bank
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In Allen v. Wework Companies, Inc., No. 155130/2020, 2021 WL 2432204 (N.Y. Sup Ct, New York County June 10, 2021), a sexual harassment case, the court granted the defendant’s motion to stay this action and compel arbitration. The court summarized defendant’s position as follows: In support of the motion, defendant notes that, contemporaneously with the…

Read More Sexual Harassment Claims Against WeWork Must Be Arbitrated, Court Holds
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