Sex / Gender Discrimination

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In Desouza v. Office of Children and Family Services, 2019 WL 2477796 (E.D.N.Y. June 12, 2019), the court clarified differences between/among the various theories available to a plaintiff in a gender discrimination/sexual harassment case. It explained (paragraphing altered): Though claims challenging disparate treatment, quid pro quo sexual harassment, and hostile work environment are all claims of…

Read More Court Clarifies Difference Between “Hostile Work Environment” and “Disparate Treatment” Gender Discrimination Claims; Absence of “Adverse Employment Action” Results in Dismissal
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In Miller v. City of New York, 18-1607-cv (2d Cir. May 28, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ class action lawsuit alleging violations of the Equal Pay Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiffs, who are predominantly female school crossing guards…

Read More 2d Circuit Affirms Dismissal of Sex Discrimination Case, Citing Differences of Jobs Held By Alleged Male Comparators
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In Kasperek v. New York State Department of Corrections and Community Supervision, 16-cv-00671, 2019 WL 2240391 (W.D.N.Y. May 24, 2019), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination. From the decision: Plaintiff has adequately alleged a claim for sex discrimination. The amended complaint contains several allegations relevant to an adverse employment…

Read More Sex Discrimination Claim Plausibly Alleged
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In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds
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In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer
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In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination
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In Sarmiento v. Ampex Casting Corp., 2019 NY Slip Op 30431(U), Index NO. 150294/2011 (Sup. Ct. NY Cty. Feb. 21, 2019), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and retaliation claims. The court addressed the “central question” of “whether plaintiff has stated an issue of fact in her…

Read More Sexual Harassment Claim Survives Summary Judgment
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From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior
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