Sex / Gender Discrimination

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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants discriminated against him based on race and…

Read More Race and Sex Discrimination Claims Sufficiently Alleged Against Amazon; Assignment to Custodial Duties Was an “Adverse Employment Action”
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In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
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In Golubovych v. Saks 5th Avenue, Inc., 1:22-cv-9923-MKV, 2024 WL 4135251 (S.D.N.Y. Sept. 10, 2024), the court, inter alia, dismissed plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Saks next argues…

Read More Title VII Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In LaPuebla v. Mayorkas, 2024 WL 3874230 (9th Circuit August 20, 2024), the U.S. Court of Appeals for the Ninth Circuit vacated a lower court decision dismissing a hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the plaintiff (a Customs and Border Protection officer in Guam)…

Read More 9th Circuit Addresses Relationship Between “Severity” and “Pervasiveness” for Title VII Hostile Work Environment Claims
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In Longchamp v. Equinox Holdings Co., Inc., No. 153431/2021, 2024 WL 4041714 (N.Y. Sup Ct, New York County Sep. 04, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of gender and sexual orientation-based hostile work environment under the New York City Human Rights Law. This case is a good…

Read More Sex-Based Hostile Work Environment Claim Under NYC Human Rights Law Survives Summary Judgment
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In Schlosser v. VRHabilis, LLC, No. 23-6019, 2024 WL 3934559 (6th Cir. August 26, 2024), the court upheld a jury verdict in plaintiff’s favor on their hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Based on the evidence presented at trial, the jury could…

Read More Hostile Work Environment Sexual Harassment Jury Verdict Upheld: 6th Circuit
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In Netrebko v. Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera et al, 23 Civ. 6857 (AT), 2024 WL 3925377 (S.D.N.Y. August 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. As to plaintiff’s claims asserted under the New York State Human Rights Law, the court explained: Netrebko’s firing…

Read More Opera Singer Plausibly Alleges Gender Discrimination Under the New York State and City Human Rights Laws
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim under the Gender Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). The GMVPA creates a cause of action for “any person…

Read More Gender Motivated Violence Protection Act Claim Survives Against TMPL Lexington
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
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