Sex / Gender Discrimination

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In Simmons v. The City of New York, No. 157761/2023, 2024 WL 4467701 (N.Y. Sup Ct, New York County Oct. 08, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race and gender discrimination. From the decision: To sufficiently allege a prima facie case of employment discrimination under State HRL and…

Read More Race, Gender Discrimination Sufficiently Alleged Against City of New York
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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Benitez v Jamaica Hospital Medical Center, No. 2020-09593, 507954/17, 2024 N.Y. Slip Op. 04539, 2024 WL 4281076 (N.Y.A.D. 2 Dept., Sep. 25, 2024), the court upheld the lower court’s dismissal of plaintiff’s pregnancy discrimination claim under the New York City Human Rights Law. The court explained, and applied, the law as follows: The New…

Read More Single Comment Insufficient to Establish Pregnancy Discrimination, Court Holds
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In Rivera v. The CSI Companies Inc., Case No: 8:24-cv-01450-WFJ-NHA, 2024 WL 4264839 (M.D.Fla. Sept. 23, 2024), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she received “unwarranted and unwelcome sexual advances”…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Co-Worker’s Sexual Comments, Survives Dismissal
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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In Sargent v. Amazon.com, Inc., Civil Action No. 23-1330-RGA, 2024 WL 3936490 (D.Del. Aug. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants discriminated against him based on race and…

Read More Race and Sex Discrimination Claims Sufficiently Alleged Against Amazon; Assignment to Custodial Duties Was an “Adverse Employment Action”
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In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
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In Golubovych v. Saks 5th Avenue, Inc., 1:22-cv-9923-MKV, 2024 WL 4135251 (S.D.N.Y. Sept. 10, 2024), the court, inter alia, dismissed plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Saks next argues…

Read More Title VII Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In LaPuebla v. Mayorkas, 2024 WL 3874230 (9th Circuit August 20, 2024), the U.S. Court of Appeals for the Ninth Circuit vacated a lower court decision dismissing a hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the plaintiff (a Customs and Border Protection officer in Guam)…

Read More 9th Circuit Addresses Relationship Between “Severity” and “Pervasiveness” for Title VII Hostile Work Environment Claims
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In Longchamp v. Equinox Holdings Co., Inc., No. 153431/2021, 2024 WL 4041714 (N.Y. Sup Ct, New York County Sep. 04, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of gender and sexual orientation-based hostile work environment under the New York City Human Rights Law. This case is a good…

Read More Sex-Based Hostile Work Environment Claim Under NYC Human Rights Law Survives Summary Judgment
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