Sex / Gender Discrimination

by

In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; “Sporadic Hostile Behavior” Insufficient
Share This:
by

In Suri v. Grey Global Group, Inc., 2018 NY Slip Op 05627 (App. Div. 1st Dept. August 2, 2018), the Appellate Division, First Department, modified a lower court decision, finding that summary judgment was improperly granted to defendant on plaintiff’s sexual harassment claim under the NYC Human Rights Law.[1]It nonetheless agreed that the lower court properly…

Read More Hostile Work Environment / Sexual Harassment Claim Under the NYC Human Rights Law Resurrected From Summary Judgment Dismissal
Share This:
by

Manhattan Supreme Court Justice Robert Reed recently denied defendant Paul Haggis’ motion to dismiss plaintiff Haleigh Breest’s complaint, in which she alleges a single cause of action – for violation of the “Victims of Gender-Motivated Violence Protection Act” (VGMVPA), codified at § 8-901 et seq. of the New York City Administrative Code – based on an alleged…

Read More Court Denies Paul Haggis’ Motion to Dismiss Plaintiff’s Claim Under the “Victims of Gender-Motivated Violence Protection Act”
Share This:
by

In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…

Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory Animus
Share This:
by

In Caddick v. Personnel Co. I LLC, 16-cv-7326, 2018 WL 3222520 (S.D.N.Y. June 29, 2018), the court dismissed plaintiff’s Title VII claims of gender and national origin discrimination claims because they were not properly “exhausted” at the Equal Employment Opportunity Commission (EEOC). The court explained: In Plaintiff’s Second Amended Complaint, she has asserted that she was…

Read More Court: Discrimination Claims Must Be Separately Exhausted at the EEOC
Share This:
by

Today is the 2018 NYC Pride March, which celebrates the LGBT community and commemorates the Stonewall Riots of 1969. Since last year’s March, there have been several interesting developments in the area of LGBT rights. For example, earlier this year the Second Circuit held (en banc) in Zarda v. Altitude Express that Title VII of the…

Read More NYC Pride Parade 2018
Share This:
by

In Tsoflias v. Barclays Capital Inc., 2018 Ny slip Op 31184(U), 2018 WL 2971165 (N.Y. Sup. Ct. June 6, 2018), the court held that, in light of the Supreme Court’s recent decision in Epic Sys. Corp. v Lewis, plaintiff’s claims of age and gender-based discrimination were subject to an arbitration agreement, and thus granted defendant’s…

Read More Age, Gender Discrimination Claims Against Barclays Capital Subject to Binding Arbitration, Court Holds
Share This:
by

In Krause v. Kelehan, 17-CV-1045, 2018 WL 2021484 (N.D.N.Y. April 26, 2018), the court, inter alia, held that plaintiff’s TItle VII gender discrimination claim survived dismissal. This case involves a scenario in which an ultimate decision – here, termination – is made by one or more persons who were influenced, or motivated, by discriminatory animus…

Read More Gender Discrimination Claim Survives Dismissal Based on Alleged Biased Influence
Share This:
by

From Pierre v. FJC Security Services, 17-3257 (2d Cir. May 24, 2018) (Summary Order) Pierre sued FJC for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. He alleged that his supervisors were romantically interested in his female coworker, who disliked him. As a result, they allegedly conspired against him…

Read More Second Circuit Affirms Dismissal of Gender Discrimination Case;
Share This:
by

In Campbell v. national Fuel Gas Distribution Corporation (2d Cir. 17-1820 May 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII gender discrimination claim. Initially, the court rejected plaintiff’s attempt to establish discrimination by comparing herself to male co-workers: We affirm for substantially the same reasons given by the district court…

Read More 2d Circuit Affirms Dismissal of Gender Discrimination, Rejects “Cat’s Paw” Theory
Share This: