Sex / Gender Discrimination

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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Drice v. My Merch. Servs., LLC, 2016 WL 1266866 (E.D.N.Y. Mar. 4, 2016), Eastern District of New York Magistrate Judge Go recommended that plaintiff be awarded (among other damages) $20,000 for emotional distress. (Judge Brodie adopted the Magistrate’s report at 2016 WL 1266948 (E.D.N.Y. Mar. 31, 2016)). The below excerpts are from the Magistrate’s report and recommendation.…

Read More Court Awards Sexual Harassment Plaintiff Emotional Distress Damages of $20,000 Following Defendants’ Default
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In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…

Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its Owner
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In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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In a lawsuit filed in New York Supreme Court on April 12, 2016, Malik v. City of New York et al, Index No. 153118/2016, plaintiffs allege that Richard Emery, the Chair of the Civilian Complaint Review Board (CCRB), referred to CCRB Executive Director Mina Malik and another female CCRB employee as “pussies” (which the complaint characterizes…

Read More Misogny and Retaliation Alleged at Civilian Complaint Review Board
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In an Gottwald v. Sebert (NY Sup. Ct. 653118/2014 April 6, 2016), the court dismissed singer Kesha’s claims against, inter alia, Lukasz Gottwald (professionally known as Dr. Luke). This is a breach of contract action brought by Gottwald, and includes counterclaims asserted by Kesha alleging, among other things, violations of New York City and State statutes…

Read More Court Dismisses Kesha’s Claims Alleging, e.g., Gender Discrimination Under the NYS and NYC Human Rights Laws and Gender-Motivated Violence
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for…

Read More $2.1 Million Consent Decree in Gender Discrimination/Failure to Hire Case Against Mavis Tire et al
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In Russo v. New York State Div. of Human Rights, No. 15-01243, 2016 WL 1066422 (N.Y. App. Div. 4th Dept. Mar. 18, 2016), the court affirmed the State Division of Human Rights’ dismissal of the petitioner’s employment discrimination and retaliation claims. The New York State Division of Human Rights is a statewide administrative agency that…

Read More Discrimination and Retaliation Claims Properly Dismissed by the New York State Division of Human Rights
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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