Sex / Gender Discrimination

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In Doton v. City of Syracuse, 11-CV-620, 2019 WL 6337326 (NDNY Nov. 27, 2019), a gender discrimination case, the court ruled on various motions in limine with respect to evidence the parties seek to introduce at the upcoming trial. Among other issues addressed by the court, defendants sought to preclude Plaintiff from offering “me too” evidence “regarding…

Read More Court Discusses “Me Too” Evidence in Gender Discrimination Case
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In Katsoolis v. Liquid Media Group, Ltd., 2019 WL 6050972 (S.D.N.Y. Nov. 15, 2019), the court ruled on proposed amendments to plaintiff’s employment discrimination complaint under the New York City Human Rights Law (NYCHRL). This case is instructive as to how courts assess complaints for facial sufficiency vis-a-vis the issue of discriminatory motive/intent in an…

Read More Proposed Gender Discrimination Claims Sufficiently Alleged Against Liquid Media Group
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“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…

Read More 2d Circuit Revives Race/Gender Discrimination Claims
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In Boger v. New York State Office of Parks, Recreation & Historic Preservation, 17-cv-289, 2019 WL 6038545 (N.D.N.Y. Nov. 14, 2019) – an age and discrimination case – the court, inter alia, precluded plaintiff from introducing so-called “me too” evidence from plaintiff’s co-workers who were also allegedly discriminated against. The court reasoned: Because Nagle and…

Read More Co-Worker Employment Discrimination Evidence Precluded as Prejudicial
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As you may have heard, Steve Easterbrook was recently dismissed from his position as President and Chief Executive Officer of McDonald’s due to his alleged consensual relationship with a staff member, which was against company policy.  It was also reported that he will receive a severance package of nearly $42 million – comprising six months…

Read More McDonald’s CEO Stephen Easterbrook Terminated Following Relationship With Employee
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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In O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…

Read More City HRL Retaliation Claim Stated; Court Cites Threat to “Make the Situation Worse” For Plaintiff if She Continued to Complain
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In O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…

Read More Complaint States Claim For Gender Discrimination Under the NYC Human Rights Law; Derogatory Comments About Women Were More Than “Petty Slights”
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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