Sex / Gender Discrimination

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In Jeramiah Brown v. Fat Dough Inc. d/b/a Dominos Pizza, 5:22-cv-761 (BKS/ML), 2024 WL 1345360 (N.D.N.Y. March 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim. The court summarized the black-letter law, and applied it to the facts, as follows: Under Title VII, it is illegal “to…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Sexual Comments, Bullying, and Name Calling
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Allegations Included Calling Plaintiff “Sexy” & Unwanted Physical Contact with Breast and Buttocks
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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In Jacobs v. Hudson Valley Family Physicians, PLLC, 1:22-CV-1184, 2024 WL 1200002 (N.D.N.Y. March 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiffs allege that…

Read More Quid Pro Quo Sexual Harassment Claim Plausibly Alleged; Court Cites “Subtext” of “Suggestive” Text Messages & Photographs
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In King v. Aramark Services Inc., No. 22-1237, 2024 WL 1188985 (2d Cir. March 20, 2024), the court, inter alia, vacated the summary judgment dismissal of plaintiff’s claim of sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision discusses and applies the “continuing violation doctrine”, which operates…

Read More 2d Circuit Vacates Dismissal of Sex-Based Title VII Sex-Based Hostile Work Environment Claim on Timeliness Grounds
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…

Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive Language
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In Shkoza v. NYC Health & Hospitals Corporation, No. 20-CV-3646 (RA), 2024 WL 1116145 (S.D.N.Y. March 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: [Plaintiff] Shkoza also brings an underlying claim…

Read More Sexual Harassment Claim Dismissed; Shoulder Touching Insufficient, Court Holds
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In Syeed v Bloomberg L.P., No. 20, 2024 N.Y. Slip Op. 01330, 2024 WL 1097279 (N.Y. Ct. App. Mar. 14, 2024), the New York Court of Appeals, answered the following certified question from the U.S. Court of Appeals for the Second Circuit: Whether a nonresident plaintiff not yet employed in New York City or State…

Read More NY Court of Appeals Issues Worker-Friendly Decision as to NYC Human Rights Law’s “Impact” Requirement
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In  Sawyers v. Christine McMahon, 1:23-cv-05494 (PAE) (SDA), 2024 WL 665681 (S.D.N.Y. Jan. 29, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims. This decision, like many, illustrates that in order to be actionable, the alleged hostility must be connected to the plaintiff’s membership in a protected class (such as sex, race, etc.).…

Read More Lacking Link to Protected Class, Alleged Hostile Work Environment Claims Dismissed
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