Sex / Gender Discrimination

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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography
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In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of…

Read More Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient
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In Emmanuel v. Cushman & Wakefield, Inc., No. 159316/15, 2018 WL 4148520 (Sup Ct, New York County Aug. 30, 2018) (J. Bannon), the court, inter alia, granted defendants summary judgment on plaintiff’s NYC Human Rights Law hostile work environment claim. From the decision: The court rejects the plaintiff’s contention that she raised a triable issue…

Read More Gender/Pregnancy Hostile Work Environment Claim Dismissed; Attendance Monitoring Insufficient
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The evil of discrimination based on impermissible characteristics pervades many aspects of society (including employment, housing, and public accommodations) and exists in all, or nearly all, industry sectors. Here I will discuss how it arises in connection with the practice of law.[1]I will not discuss gender discrimination arising in the course of an attorney’s employment.…

Read More Gender Discrimination in the Legal Profession
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Starting September 6, 2018, all New York City employers will be required to display an anti-sexual harassment rights and responsibilities poster and develop a sexual harassment information sheet to be distributed to individual employees at the time of their hire. This amendment, which is part of the Stop Sexual Harassment in NYC Act, will be codified at N.Y.C. Administrative…

Read More NYC Sexual Harassment Poster Requirement
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In Johnson v IAC/Interactivecorp., No. 155837/2014, 2018 WL 3536599, 2018 N.Y. Slip Op. 31720(U) (Sup Ct, New York County July 16, 2018), the court, inter alia, dismissed plaintiff’s claim for gender discrimination. This case illustrates, among other things, that when assessing employment discrimination claims, context counts. From the decision: It is significant here that plaintiff was…

Read More “College Humor” Gender Discrimination Claim Dismissed
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In a Bronx Supreme Court lawsuit, captioned White v. Lighthouse Academies, Inc., INdex No. 29057/2018E (filed August 6, 2018), plaintiff – a teacher – alleges that she was subjected to retaliation following her complaints about sexually inappropriate comments by a student.

Read More Lawsuit: Teacher Alleges Retaliation Following Complaints of Sexual Harassment by Studen
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In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims
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In a recently-filed lawsuit, captioned Kelly Cahill et al v. Nike, Inc. (U.S. District Court for the District of Oregon, Index No. 18-cv-01477, filed August 9, 2018), the plaintiffs (individually and on behalf of others similarly situated) allege gender discrimination under the federal Equal Pay Act, 29 U.S.C. § 206(d) and related state laws (the…

Read More Just Sue It: Gender Discrimination Lawsuit Against Nike
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In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim
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