Sex / Gender Discrimination

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In Rodriguez v. County of Nassau, Nassau County Commission on Human Rights, 2020 WL 5948904 (2d Cir. Oct. 8, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s “failure to promote” gender discrimination claim. Plaintiff argued that (1) the Commission Chair harbored discriminatory views, telling plaintiff during her interview for the position that,…

Read More Gender Discrimination Claim Fails in Light of Prior Denial of Discriminatory Comment
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In Fuller v. UBER Technologies Inc., No. 150289/2020, 2020 WL 5801063 (N.Y. Sup Ct, New York County Sep. 25, 2020), the court held that plaintiff’s claims of sexual harassment were subject to arbitration. From the decision: Plaintiff’s primary argument for avoiding arbitration is that his dispute resolution agreement with Apex has a carve out for…

Read More Sexual Harassment Claims Against Uber Technologies et al Subject to Arbitration, Court Holds
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In Gruber v. Glam, Inc., No. 654719/2018, 2020 WL 5590259, 2020 N.Y. Slip Op. 33088(U) (N.Y. Sup Ct, New York County Sep. 18, 2020), the court, inter alia, held that plaintiff stated claims of discrimination based on religion (Judaism) and pregnancy under the New York State and City Human Rights Laws. After summarizing the “black…

Read More Religious, Pregnancy Discrimination Claims Stated Against Glam, Inc.
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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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In Meagher v. State University Construction Fund et al, 2020 WL 5504011 (N.D.N.Y. Sept. 11, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the “black letter” law applicable to plaintiff’s Title VII retaliation claim: Title VII makes it unlawful “for…

Read More Title VII Retaliation Claim Dismissed; “Gender Plus Parental Status” Complaint Did Not Constitute “Protected Activity”
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Griffith v. Coney Food Corp. d/b/a Checkers et al, 2020 WL 4748452 (E.D.N.Y. August 17, 2020) – a gender/pregnancy discrimination case – the court, inter alia, held that plaintiff alleged sufficient facts that defendant (Checkers) is her “joint employer” under the New York State and City Human Rights Laws. The court summarized the contours…

Read More Gender/Pregnancy Discrimination Plaintiff Overcomes Motion to Dismiss Based on “Joint Employer” Doctrine
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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