Sex / Gender Discrimination

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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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In Llanos v. T-Mobile USA, Inc., 132 A.D.3d 823, 824, 18 N.Y.S.3d 666, 667 (N.Y. App. Div. 2d Dept. 2015), the Second Dept. reversed a state court decision dismissing plaintiff’s claims under section 8-107 of the NYC Administrative Code (aka the NYC Human Rights Law/NYCHRL). Plaintiff alleged in her complaint that she was subjected to employment discrimination, quid…

Read More Discrimination Claims Under Comparatively Broad NYC Human Rights Law Were Not Duplicative of State Law Claims
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In a recent complaint, captioned Johnson v. J. Walter Thompson U.S.A., LLC et al, SDNY 16-cv-01805 filed March 10, 2016, plaintiff asserts various employment-related claims – including gender discrimination, race discrimination, hostile work environment, sexual harassment, and retaliation – against J. Walter Thompson and its Chair/CEO Gustavo Martinez. Among the disturbing allegations: Despite Johnson’s success as…

Read More Race/Gender Discrimination, Sexual Harassment, Hostile Work Environment, Retaliation Lawsuit Against J. Walter Thompson and Gustavo Martinez
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In a March 11, 2016 Opinion and Order, Southern District of New York judge Gregory Woods dismissed the lawsuit filed by Paul Nungesser against Columbia University and others alleging violations of, inter alia, Title IX of the Education Amendments of 1972. This case arises from rape allegations made against him by fellow student Emma Sulkowicz. Specifically, plaintiff…

Read More Court Dismisses Alleged Columbia Rapist’s Title IX Lawsuit
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In a lawsuit captioned Batista v. Best Buy Stores, NY Sup Ct Index 151565-2016 (filed 2/25/16), plaintiff – a member of Best Buy’s “Geek Squad” – alleges that she was subjected to discrimination based on her gender and race. She asserts claims of gender discrimination, hostile work environment, constructive discharge, and retaliation. She alleges, among other things,…

Read More Sexual Harassment Lawsuit Against Best Buy
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In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here, plaintiff, who identifies as a Southeast Asian non-Chinese speaker, worked for defendant as a cleaner in the Union Square W Hotel. She alleged, among other things, that she…

Read More Hotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge Claims Insufficiently Alleged
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In a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The complaint refers to “ConEd’s negative and stereotyped view of women…

Read More Sex Discrimination Lawsuit Against Con Edison
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