Sex / Gender Discrimination

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In Hardwick v. Auriemma, 2015 NY Slip Op 31836(U) (Sup. Ct. NY Cty. Sept. 25, 2015), an employment discrimination case, the court granted plaintiff’s motion to amend her complaint, pursuant to CPLR 3025(b), to add former NBA Commissioner David Stern as a party defendant and to add a claim for constructive discharge. (Here is plaintiff’s…

Read More Plaintiff Permitted to Amend Employment Discrimination/Sexual Harassment Complaint Against the NBA
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The court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…

Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. Sinai
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In a recently-filed lawsuit, captioned Termini v. B&A Pork Store Inc., Robert Brannigan, and James Brannigan (15-cv-5716, EDNY filed 10/2/5), plaintiff alleges that while employed by B&A Pork Store in Brooklyn, she was subjected to sexual harassment/hostile work environment and retaliation for rejecting sexual advances. She alleges that the store’s owner, “RB”, fired her because…

Read More Sexual Harassment Lawsuit Against Brooklyn Pork Store
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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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In a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…

Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCA
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An employee of the Metropolitan Repertory Ballet alleges in a recent lawsuit, Volpe v. Anthony Carmine Paniccioli et al (NY Sup. Ct., NY Cty., Index # 159739/2015, filed 9/21/15), that her boss, defendant Paniccioli, subjected her to sexual assault and sexual harassment and breached an agreement to pay her for her work on a movie…

Read More Sexual Harassment Lawsuit Against Metropolitan Repertory Ballet Board Member/Sponsor
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In a recent lawsuit captioned Schultz v. Congregation Shearith Israel of the City of New York et al (SDNY, 15-cv-07473, filed 9/22/15), plaintiff alleges that her employer, described in the complaint as “the oldest Jewish congregation in the United States”, fired plaintiff “immediately after learning that when her Orthodox marriage ceremony was performed, she was also…

Read More Lawsuit Alleges Unlawful Termination by Jewish Congregation for Having Pre-Marital Sex
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In Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…

Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights Law
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In a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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