In a recent decision, Perry v. The Lighting Group, LLC, No. 154923/2018, 2021 WL 4553666 (N.Y. Sup Ct, New York County Oct. 01, 2021) – a sex discrimination case – the court discussed the so-called “Standards of Civility” for New York attorneys. Here, the dispute arose – as is typical – in the discovery phase…
Read More Standards of Civility Discussed, Applied in Sex Discrimination CaseIn Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), the court held that plaintiff’s unlawful retaliation claim(s) survived summary judgment. From the decision: Plaintiff claims that she establishes a prima facie case for retaliation under the NYSHRL and the NYCHRL (Executive Law…
Read More Retaliation Claim, Based on Opposition to Gender Discrimination, Survives Summary JudgmentA recent case, Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), illustrates the difference between the New York State Human Rights Law (NYSHRL) and the comparatively-broader New York City Human Rights Law (NYCHRL). Here, the plaintiff’s claims fail under the former but…
Read More Gender Discrimination Claims, Asserted Under the NYC Human Rights Law, Survive Summary JudgmentIn Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…
Read More Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) CommentsIn Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…
Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…
Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate TouchingIn Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related unlawful termination claims. (The court also denied defendants’ motion to dismiss plaintiff’s hostile work environment claims, which I addressed in a separate post.) The court…
Read More Breastfeeding Mother’s Gender/Pregnancy Discrimination Claims Survive DismissalIn Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment claims. From the decision: The Court finds that Plaintiff has pled sufficient facts to indicate that the three elements of a hostile…
Read More Pregnancy-Related Hostile Work Environment Claims Survive Motion to Dismiss; Allegations Included Lactation CommentsIn 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 DismissedIn 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