Sex / Gender Discrimination

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In Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives Dismissal
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In DiLeo v. McDonough, Case No. 19-CV-2405 (FB) (MMH), 2024 WL 3758808 (E.D.N.Y. August 12, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The familiar, three-part McDonnell Douglas burden-shifting framework governs Plaintiff’s…

Read More “Emotionally Taxing” Work Environment Nevertheless Did Not Give Rise to Title VII Sex Discrimination Claim
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In Rolley v. Modern Disposal Services, Inc. et al, 21-CV-1229-LJV, 2024 WL 3819410 (W.D.N.Y. August 14, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The defendants argue that Rolley’s hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Modern Disposal Services
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In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Meckeler v. Cornell University et al, 2024 WL 3535488 (N.D.N.Y. July 25, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on sexual orientation. From the decision: As Defendants argue, Plaintiff was able to outline many events in detail. For example, she laid out a verbatim conversation wherein…

Read More Sexual Orientation Claims Dismissed; Court Cites Absence of Detail Regarding “Derogatory Behavior” Referencing Sexual Orientation or “Gay Stereotypes”
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In Jackson v. Whelan Event Staffing Services, Inc. et al, Civil Action No. 24-cv-00072-LKG, 2024 WL 3487888 (D.Md. July 19, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Back Massage & Penis Text Insufficient
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In Williams v. Chicago Transit Authority, 2024 WL 3455022 (N.D.Ill. July 18, 2024), the court, inter alia, held that plaintiff plausibly alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that Williams has met her burden at this stage and stated a…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Chicago Transit Authority
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