Sex / Gender Discrimination

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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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In Demir v. Sandoz Inc. and Fougera Pharmaceuticals (NY Sup. Ct. NY Cty., Index 150954/2015, Feb. 17, 2017), the court held that plaintiff – a Muslim woman of Turkish national origin – sufficiently alleged causes of action for discrimination and hostile work environment (based on her gender, national origin, and religion) under the New York State…

Read More Muslim/Turkish Woman Sufficiently Alleges Gender, National Origin, and Religious Discrimination Against Sandoz
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In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which…

Read More SDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on Title VII Sexual Orientation Discrimination (Stereotyping) Claim Pending Second Circuit Rulings
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In In the Matter of Shannon Scheuneman v. NYS Div. of Human Rights and Town of Tonawanda, No. TP 16-00820, 2017 WL 539266 (N.Y. App. Div. 4th Dept. Feb. 10, 2017), the Appellate Division unanimously confirmed, under N.Y. Executive Law § 298, a determination by the New York State Division of Human Rights that the…

Read More Allegation of “Anti-Female Bias” Insufficient to Overturn State Division of Human Rights Dismissal of Gender Discrimination Claim
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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
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