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 2018In 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 HoldsIn 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 InfluenceFrom 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;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” TheoryIn 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 alIn 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 SohoIn 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]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]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