Sex / Gender Discrimination
Sex Discrimination Cases Are More Likely to Settle Under Female Judges, Study Finds
A recent study (summary here, abstract here) indicates that plaintiffs bringing sex discrimination cases fare better when a female judge is assigned to the case. The summary lists the following “key findings”: Whenever a female judge is assigned to the case, plaintiffs are 6.7 percentage points more likely to settle and 7.1 percentage points more…
Read More Sex Discrimination Cases Are More Likely to Settle Under Female Judges, Study FindsLocal Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”
On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or]…
Read More Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge Claims
One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…
Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge ClaimsAge/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…
Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not ShownPunishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish Baths
In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…
Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish BathsSexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to Employer
In MacCluskey v. University of Connecticut Health Center, 2017 WL 6463200 (2d Cir. Dec. 19, 2017) (Summary Order), the Second Circuit affirmed the lower court’s judgment following a jury verdict in favor of plaintiff on her sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The court framed…
Read More Sexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to EmployerStudent’s Sexual Harassment, Retaliation Claims Survive Against School
In Novio v. The New York Academy of Art et al, 2017 WL 6398746 (S.D.N.Y. Dec. 13, 2017), the court granted in part and denied in part defendants’ motions to dismiss plaintiff’s claims for sex discrimination, sexual harassment, hostile educational environment, unlawful retaliation, and breach of contract. She asserted her discrimination and retaliation claims under…
Read More Student’s Sexual Harassment, Retaliation Claims Survive Against SchoolNYS Human Rights Law Claims Fail Under Federal Pleading Standard
In Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…
Read More NYS Human Rights Law Claims Fail Under Federal Pleading StandardCourt Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded
The court in Feliz v. Metropolitan Transportation Authority, 2017 WL 5593517 (S.D.N.Y. Nov. 17, 2017) dismissed plaintiff’s employment discrimination (failure-to-promote) case. In sum, the plaintiff (a Hispanic male Police Officer employed by the MTA Police Department) argued that he applied for, and was denied, an internal promotion as a result of discrimination on the basis…
Read More Court Dismisses MTA Police Officer’s Gender & National Origin Discrimination Claims as Insufficiently Pleaded