Sex / Gender Discrimination

In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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In Petty v. The Law Office of Robert P. Santoriella, P.C., No. 155468/2015, 2020 WL 7011753, 2020 N.Y. Slip Op. 33908(U) (N.Y. Sup Ct, N.Y. Cty. Nov. 25, 2020), the court dismissed plaintiff’s public accommodation discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff – a prospective client of…

Read More Law Firm Was a “Place of Public Accommodation”, but Discrimination Claim Dismissed
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In Wiggins v. Mount Sinai Hospitals Group, Inc. et al, No. 151209/2016, 2020 WL 7646949 (N.Y. Sup Ct, N.Y. Cty. Dec. 22, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. As to the state law claim, the court…

Read More Hostile Work Environment Claims Dismissed Against Mt. Sinai
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In Diaz v. Minhas Construction Corp., LLC, No. 2019-11504, 500909/19, 2020 N.Y. Slip Op. 06496, 2020 WL 6603105 (N.Y. App. Div. 2 Dept. Nov. 12, 2020) – an employment discrimination/sexual harassment case – the court reversed a lower court order denying plaintiff’s motion to compel certain discovery relating to other employees who engaged in conduct…

Read More Sexual Harassment Plaintiff Entitled to Other-Employee Discovery
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In Pesce v. Mendes & Mount, LLP et al, 2020 WL 7028641 (S.D.N.Y. Nov. 30, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Assessing the totality of the circumstances, and noting that the Second Circuit has “repeatedly cautioned against setting the bar too…

Read More Hostile Work Environment Sexual Harassment Claim Against Mendes & Mount Survives Dismissal
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In Chibuzor v. Dr. Steven Corwin et al, 2020 WL 6905304 (S.D.N.Y. Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s sex-based discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the pertinent law, the court applied it to the facts: Here, Plaintiff fails to allege any facts suggesting…

Read More Sex Discrimination Claim Dismissed; Disagreement With Opposite-Sex Employee Not Enough
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In Banks v. General Motors, LLC, 2020 WL 6827707 (W.D.N.Y. Nov. 20, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims. “Plaintiff seeking to establish a Title VII hostile work environment claim must show that ‘the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or…

Read More Hostile Work Environment Claims Dismissed Against General Motors
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In Hand v. New York City Dept. of Correction, No. 160415/2019, 2020 WL 6746634 (N.Y. Sup Ct, New York County Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s for gender and race discrimination under the New York State and City Human Rights Laws. From the decision: Here, a review of the complaint shows that…

Read More Gender/Race Discrimination Claims Insufficiently Alleged Against the NYC Dept. of Correction
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In Krul v. Megan J. Brennan, Postmaster General, U.S. Postal Service et al, 2020 WL 6736886 (N.D.N.Y. Nov. 17, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of gender-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the legal standard in the…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Voice Mocking
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In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
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