Sex / Gender Discrimination

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In Beran v. VSL North Platte Court LLC, No. 7:21CV5003, 2023 WL 6880146 (D.Neb. Oct. 18, 2023), the court, inter alia, upheld a jury verdict finding in plaintiff’s favor on her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the evidence of a…

Read More Sexual Harassment Jury Verdict Upheld; Evidence Included Groping of Butt, Breasts
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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In Manns v. New York State Dept. of Financial Services, No. 160479/2022, 2023 WL 6812166 (N.Y. Sup Ct, New York County Oct. 16, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment asserted under the New York State Human Rights Law. Plaintiff alleged, among other things, that she…

Read More Alleged “Racist and Sexist Verbal Attacks” Support Hostile Work Environment Claim Under Amended NYS Human Rights Law
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In Shin v. The New York City Dept. of Educ., No. 155437/2018, 2023 WL 6465000 (N.Y. Sup Ct, New York County Oct. 03, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim asserted under the New York City (but not the New York State) Human Rights Law. From…

Read More Gender Discrimination Claims Survive Against NYC Dept. of Education Under the New York City Human Rights Law
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In Griffin v. City of New York, No. 157357/2022, 2023 WL 6465003 (N.Y. Sup Ct, New York County Oct. 04, 2023), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under the New York City – but not the New York State – Human Rights Law. This decision, as…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Richmond v. Montefiore Medical Center, 21 Civ. 8700 (PGG), 2023 WL 6216271 (S.D.N.Y. Sept. 25, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based discrimination (termination) claim asserted under the New York State and City Human Rights Laws. Here is the court’s discussion of the third/final “pretext” step of the pertinent…

Read More Gender Discrimination Claims Survive Summary Judgment Against Montefiore Medical Center
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In a recent case, Austin v. Phone2Action, Inc., 21-CV-491 (MKB), 2023 WL 6201409 (E.D.N.Y. Sept. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. In evaluating this claim, the court applied the well-known McDonnell-Douglas burden-shifting framework. In…

Read More Sex Discrimination Claims Survive Summary Judgment; Pretext Evidenced By Inconsistency Between Proffered Termination Reasons
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