Sex / Gender Discrimination

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In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: Plaintiff was…

Read More Court Upholds Plaintiff’s Gender Discrimination & Retaliation Verdict; Cites Sexual Comments and “Affair” Rumors
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In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…

Read More Sexual Harassment Plaintiff Hit With Spoliation Sanctions
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In DeVore v. Neighborhood Hous. Servs. of Jamaica Inc. (NHSJ), No. 15-CV-6218 (PKC), 2017 WL 1034787 (E.D.N.Y. Mar. 16, 2017), the court held that plaintiff sufficiently alleged a claim of gender discrimination. From the decision: [T]he Court finds that Plaintiff has sufficiently pled a disparate treatment claim on the basis of gender. Plaintiff alleges that…

Read More Male Employee’s Gender Discrimination (Disparate Treatment) Claim Sufficiently Pled; Survives Motion to Dismiss
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In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and…

Read More Court Dismisses Gender Discrimination/Constructive Discharge, Hostile Work Environment, Retaliation Claims Against Regional Radio Group LLC
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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In Meyer v. New York State Office of Mental Health (2d Cir. 16-1163-cv March 10, 2017) (summary order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s gender and religious discrimination claims. As to plaintiff’s gender discrimination claim, the court explained: Even assuming arguendo that Meyer made a prima facie case of gender discrimination,…

Read More 2d Circuit Affirms Dismissal of Doctor’s Gender- and Religious-Based Discrimination Claims
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In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment…

Read More Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment
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In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of…

Read More Court Dismisses NYPD Nurse’s Same-Sex Hostile Work Environment Sexual Harassment Case
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In a recently-filed sexual harassment lawsuit, captioned Green v. Exusia, Inc. and Trevor Silver (N.Y. Sup. Ct. Index # 151989/2017, filed March 1, 2017), plaintiff (a lawyer) asserts claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws against defendants Exusia, Inc. (a New York based…

Read More “Sexually Explicit Stories About Strippers” Among Allegations in Sexual Harassment Lawsuit Against Exusia, Inc.
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In Moraetis v. Robert S. Evans et al (NY Sup. Ct. NY Cty. Index 152829/2015) (J. Bannon), a gender discrimination/hostile work environment case, the court declined (under CPLR 5519(c)) to stay the matter pending appeal of an earlier decision denying defendant’s motion to dismiss. Procedurally, the court noted that “[w]here, as here, there is no…

Read More Court Denies Stay Pending Appeal in Gender-Based Hostile Work Environment Case
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