Sex / Gender Discrimination

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In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…

Read More Sex Discrimination, Hostile Work Environment Dismissal Affirmed
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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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