Sex / Gender Discrimination

by

In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer
Share This:
by

In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination
Share This:
by

In Sarmiento v. Ampex Casting Corp., 2019 NY Slip Op 30431(U), Index NO. 150294/2011 (Sup. Ct. NY Cty. Feb. 21, 2019), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and retaliation claims. The court addressed the “central question” of “whether plaintiff has stated an issue of fact in her…

Read More Sexual Harassment Claim Survives Summary Judgment
Share This:
by

From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior
Share This:
by

In Chau v. Granger Management LLC et al, 357 F. Supp. 3d 276, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court, inter alia, held that a non-NYC resident met the “geographic” requirement of the the NYC Human Rights Law (NYCHRL). The court explained the black-letter law: “In order for a nonresident to invoke the…

Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court Holds
Share This:
by

The recently-released “On the Basis of Sex” – which chronicles the early professional life of liberal icon Ruth Bader Ginsburg – is centered on Justice Ginsburg’s involvement with a litigation that set the stage for the legal battle for gender equality. That case – Charles E. Moritz v. Commissioner of Internal Revenue, 469 F.2d 466…

Read More Moritz v. IRS: The Tax Case at the Center of the Ruth Bader Ginsburg Origin Story
Share This:
by

In Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…

Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court Notes
Share This:
by

In Wilson v. National Grid USA Service Company, Inc. et al, 2018 WL 5886438 (N.D.N.Y. Nov. 9, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here is the court’s summary of the relevant law: To state a hostile work environment claim in violation of Title VII, a plaintiff must plead facts that…

Read More Hostile Work Environment Claim Dismissed; Alleged Racial Comments Were Not Heard Firsthand
Share This:
by

In Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…

Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of Lawsuit
Share This: