Sex / Gender Discrimination

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In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
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The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…

Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
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Below is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…

Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYU
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In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…

Read More Court Provides Guidance on Pleading Employment Discrimination Claims
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The Appellate Division, First Department held, in Walzer v. Metropolitan Transportation Authority (decided May 13, 2014), that plaintiff’s gender discrimination claims should not have been dismissed: Applying the liberal pleading standards applicable to employment discrimination claims under the State and City Human Rights Law, plaintiff has stated causes of action for violations of the Human…

Read More First Department Reinstates Gender Discrimination Claims
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Today, April 8, is Equal Pay Day, which (according to the Huffington Post) marks “the number of extra days into 2014 the average woman has to work to earn as much as her male counterpart did in 2013.” President Obama also signed executive orders today addressing gender-based wage discrimination. The primary federal legislation addressing gender…

Read More Equal Pay Day
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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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In Walsh v. NYC Housing Authority, the Southern District of New York granted summary judgment to defendant on plaintiff’s gender discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, and dismissed without prejudice her claim under the New York City Human Rights Law. In…

Read More Court Dismisses Female Prospective Bricklayer’s Gender Discrimination Suit
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The Southern District of New York recently reiterated, in Wermann v. Excel Dentistry PC, that “a plaintiff may bring a retaliation claim stemming from an employer’s opposition to her unemployment benefits application” and that “filing retaliatory counterclaims may violate” the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The…

Read More Plaintiff Sufficiently Alleged Retaliation Based on Defendants’ Opposing Unemployment Benefits and “Frivolous” Counterclaims in Sexual Harassment Case
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