Sex / Gender Discrimination

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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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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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