Sex / Gender Discrimination

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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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Below is the complaint recently filed in New York state court by three female plaintiffs against various Merrill Lynch entities.  More information on this (for example) here and here. Plaintiffs allege discrimination in violation of the New York City Human Rights Law (NYCHRL), following the non-prejudicial dismissal of those claims from plaintiffs’ federal lawsuit.  (You can…

Read More Lawsuit: “Boys Club” Alive and Well at Merrill Lynch
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A gender discrimination claim may lie where, for example, an employer takes an adverse action against an employee based on preconceived notions about women’s roles (so-called “gender stereotyping”). In the Eastern District’s recent decision in Apicella v. Rite Aid, the plaintiff was a pharmacist who claimed that defendant engaged in gender discrimination under Title VII, the Equal…

Read More Adverse Action Based on “Gender Stereotyping” Supports Discrimination Claim
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A story that has been making the rounds is of a 1962 NASA rejection letter to a hopeful female astronaut. It thanks the author for her “offer to go on a space mission” but advises her that “we have no existing program concerning women astronauts nor do we contemplate any such plan.” Maybe they couldn’t…

Read More NASA: No Girls Allowed
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A federal court last week struck down an employment discrimination defendant’s attempt to obtain broad-ranging discovery from plaintiff in her Title VII gender discrimination, hostile work environment, sexual harassment, and retaliation case. The court’s decision in Kennedy v. Contract Pharmaceutical Corp. is here. Social Media Document Requests Social media is everywhere, and much has been written on…

Read More Court Rejects Defendants’ Attempts to Obtain Social Media Discovery From Discrimination Plaintiff
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Last week in Parisi v. Goldman, Sachs & Co., the Second Circuit held that the trial court should have granted defendant’s motion to compel arbitration of claims brought by former managing director Lisa Parisi – who is one of three women suing Goldman – that she was subjected to gender discrimination.  She contends that defendant…

Read More 2nd Circuit: Under Title VII “Pattern or Practice” Refers to a Method of Proof, Not a Substantive Right
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I am, of course, being facetious. Consider the following: Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance,…

Read More Should Women Be Allowed to Practice Law?
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In Farren v. Shaw Environmental, No. 12-1008 (2d Cir. Jan. 31, 2013), the Second Circuit affirmed the lower court’s dismissal of plaintiff’s case due to a failure to exhaust administrative remedies in the U.S. Equal Employment Opportunity Commission (“EEOC”) and New York State Division of Human Rights (“DHR”), as required by Title VII of the…

Read More 2nd Circuit Explains Difference Between “Disparate Treatment” and “Hostile Work Environment” Theories As Relevant To Title VII’s Administrative Exhaustion Requirement
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In Hernandez v. Kaisman, 2012 NY Slip Op 09191 [103 AD3d 106], the Appellate Division, First Department recently clarified that hostile work environment claims brought under the New York City Human Rights Law (NYCHRL) must be analyzed separately from, and more broadly than, similar claims brought under state and federal law. In this case the motion court…

Read More First Department Reinstates Plaintiff’s Sexual Harassment/Hostile Work Environment Claims Under the NYC Human Rights Law
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Below is a copy of the lawsuit filed against the Metropolitan Opera by stage carpenter Teri Orsburn.   Ms. Orsburn alleges, among other things, sexual harassment, retaliation, negligent supervision and retention, intentional and negligent infliction of emotional distress, and battery.   [scribd id=106303619 key=key-1yu9nseehgn1xwe6sgxt mode=scroll]

Read More Sexual Harassment (Etc.) Suit Against Metropolitan Opera
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