Sexual Orientation / LGBTQ Discrimination

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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Wheat v. Vichie, No. 158627/2024, 2025 WL 3089438 (N.Y. Sup. Ct. Nov. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. From the decision: The only allegations Plaintiff makes that would go towards a discrimination claim based…

Read More Display of Nazi Material Insufficient to State Discrimination Claims, Court Holds
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In McConkey v. The Churchill School and Center, 24-cv-6091 (LJL), 2025 WL 2062195 (S.D.N.Y. July 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual orientation discrimination asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: Given Plaintiff’s minimal burden at the motion…

Read More Sexual Orientation Discrimination Claims Survive Dismissal
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In Abraham v. New York City, No. 154577/2024, 2025 WL 1907928 (N.Y. Sup Ct, New York County July 10, 2025), the court, inter alia, held that the “joint employer” doctrine did not apply, and thus granted defendants’ motion to dismiss plaintiff’s employment discrimination claims against defendants New York City and the New York City Department…

Read More Joint Employment Doctrine Held Not to Apply to Municipal Defendants
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In Emilio Garcia v. ROC Nation LLC et al, 1:24-cv-7587-GHW, 2025 WL 1865965 (S.D.N.Y. July 2, 2025), the court, inter alia, held that plaintiff – a cameraman working in rapper Megan Thee Stallion’s (a/k/a Megan Pete) entourage – sufficiently alleged sexual orientation-based discrimination/hostile work environment. The court summarized the facts, in pertinent part, as follows:…

Read More Megan Thee Stallion Cameraman Plausibly Alleges Sexual Orientation-Based Hostile Work Environment, Court Holds
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In Simmons v. Baccarat Inc., No. 651516/2023, 2025 WL 1735659 (N.Y. Sup Ct, New York County June 23, 2025), the court, inter alia, granted plaintiff’s motion to dismiss plaintiff’s claims of hostile work environment and sexual harassment under the New York State and City Human Rights Laws. From the decision: The Moving Defendants correctly assert…

Read More Hostile Work Environment, Sexual Harassment Claims Dismissed; Evidence Indicated That Plaintiff Participated in “Sexually Themed” Text Messages
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In a unanimous opinion issued today (authored by Justice Jackson), Ames v. Ohio Dept. of Youth Services, No. 23-1039, the U.S. Supreme Court vacated a lower court opinion, holding that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of discrimination at the…

Read More SCOTUS Rejects Heightened Evidentiary Standard in “Reverse Discrimination” Cases
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In Zadok v. Lomner, No. 151526/2024, 2025 WL 675168 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law (NYCHRL). From the decision: To plead a cause of action for housing discrimination, a plaintiff must…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Housing Discrimination Claim
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In Vannier v. New York State Department of Corrections and Community Services et al, 2025 WL 345807 (N.D.N.Y. Jan. 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a transgender man who worked…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Include Assignment to Unsuitable Workspace
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