Sex / Gender Discrimination

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In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…

Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case
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In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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In a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…

Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger Ailes
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In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law. The lawsuit is supported by an EEOC finding in…

Read More Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care
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In a New York State court lawsuit, captioned Lisser v. Bloomberg L.P. et al (Index No. 155354/2016), plaintiff Elizabeth Lisser alleges (among other things) that her manager – defendant Brian Schuler – “continually directed sexual innuendo and comments towards plaintiff about her figure, weight and appearance, massaged her shoulders, look[ed] down her blouse, [and] direct[ed] texts…

Read More Sexual Harassment Lawsuit Against Bloomberg LP
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In Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims,…

Read More Court Orders Pre-Statute of Limitations “Comparator” Discovery in Gender Pay and Sexual Orientation Discrimination Lawsuit Against Sirius XM Radio
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In Barone v. Emmis Communications Corp., 2016 Slip Op 31049(U), Index 155032/12 (N.Y. Sup. Ct. June 7, 2016), the court, per Judge Hagler, granted summary judgment to defendants and dismissed plaintiff’s gender discrimination claim under the NYC Human Rights Law. The decision summarizes the legal framework (the two methods, pretext and mixed-motive) for analyzing NYC…

Read More Spousal Jealousy, Not Gender, Was Basis for Termination; Court Dismisses NYC Human Rights Law Discrimination Complaint
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a…

Read More SDNY Explains Discriminatory Pay, Retaliation Pleading Deficiencies
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In Bell v. McRoberts Protective Agency, No. 15-CV-0963 (JPO), 2016 WL 1688786 (S.D.N.Y. Apr. 25, 2016), the court held that plaintiff failed to sufficiently allege race/gender discrimination, retaliation, and hostile work environment claims. The court’s explanation of why the plaintiff’s claims were insufficiently pled is instructive as to what courts look for when evaluating these…

Read More Race/Sex Discrimination, Hostile Work Environment and Retaliation Claims Insufficiently Alleged
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