Sex / Gender Discrimination

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In Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…

Read More Employment Discrimination Claims Reinstated Against Father Reilly et al
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In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…

Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho
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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also denied defendants’ motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. dismissed plaintiff’s gender discrimination claim asserted on a theory of “sex stereotyping.” In sum, plaintiff –…

Read More Sex Stereotyping Gender Discrimination Claim Dismissed [Famighette v. Joseph Rose and Town of Huntington]
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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also dismissed plaintiff’s gender discrimination/sex stereotyping claim under Title VII of the Civil Rights Act of 1964. denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act…

Read More Age Discrimination (ADEA) Claim Survives Dismissal; “But For” Causation Need Not Be Established at the Pleading Stage [Famighette v. Joseph Rose and Town of Huntington]
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In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over…

Read More Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility
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On April 11, 2018, the NYC Council enacted several laws (collectively the “Stop Sexual Harassment in NYC Act”) strengthening New York City’s anti-sexual harassment policies and combating sexual harassment in the workplace. This legislation will be among the strictest anti-sexual harassment legislation in the country. Information about the various laws can be found here (you can…

Read More NYC Council Enacts Sexual Harassment Legislative Package
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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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