Sex / Gender Discrimination

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In Sadel v. Equinox Holdings, Inc., No. 153732/2020, 2025 WL 2932697 (N.Y. Sup. Ct. Oct. 09, 2025), an employment discrimination case, the court granted the defendant’s motion to sever plaintiffs’ claims pursuant to New York Civil Practice Law and Rules 603. From the decision: This is an employment discrimination action in which both plaintiffs assert…

Read More Pregnancy Discrimination Claims Severed; Plaintiffs Will Have Separate Trials
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In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In Thompson v. Douglas A. Collins, Secretary of Veterans Affairs, 22-CV-4732 (EK)(SDE), 2025 WL 2962734 (E.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender-based discrimination (failure to promote, transfer) claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: On a failure-to-promote claim, “it…

Read More Title VII Sex Discrimination (Failure to Promote, Transfer) Claims Dismissed
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In Boodoo v. AMP Home Care LLC, Civil Action No. 24-1056, 2025 WL 2840801 (W.D.Pa. Oct. 7, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant maintains that Plaintiff has…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Evidence Included That Alleged Harasser Stated to Plaintiff “I Want to Fuck You”
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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Carter-Marks v. Alstom Transport USA Inc., 2025 WL 2680998 (E.D.N.Y. Sept. 19, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates the principle, cited often by courts, that actions that might…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Intimidation” Insufficient
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In Smith v. Meta Platforms, Inc., 24 Civ. 4633 (JPC), 2025 WL 2782484 (S.D.N.Y. Sept. 30, 2025), the court held that a party invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) must actually allege facts that constitute sexual harassment. Here, the plaintiff did not: To determine whether this…

Read More Non-Sexual Gender Discrimination Did Not Trigger EFAA’s Arbitration Bar
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In Mehta, Anisha v. DLA Piper LLP, 23 Civ. 4757 (AT), 2025 WL 2771659 (S.D.N.Y. Sept. 29, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claims of pregnancy discrimination 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 Pregnancy Discrimination Claims Survive Summary Judgment Against DLA Pipler
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In Carey v. NYS Department of Health, 2025 WL 2732918 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision illustrates the difference between the relatively restrictive federal law, on the…

Read More Sex-Based Hostile Work Environment Claims Survive Under New York State and City Human Rights Laws
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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