Sexual Orientation / LGBTQ Discrimination

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In Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims,…

Read More Court Orders Pre-Statute of Limitations “Comparator” Discovery in Gender Pay and Sexual Orientation Discrimination Lawsuit Against Sirius XM Radio
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…

Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its Owner
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On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment. During a public…

Read More Mayor de Blasio Signs Legislation Amending the New York City Human Rights Law
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United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner…

Read More Justice Scalia: Civil Rights Champion?
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In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation
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In Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) – a race and sexual orientation discrimination case – the court quashed subpoenas seeking documents from plaintiff’s prior employers. Specifically, the court quashed the subpoenas because they (1) failed to provide adequate notice, (2) would cause prejudice to plaintiff,…

Read More Court Quashes Subpoenas Seeking Documents Held By Discrimination Plaintiff’s Prior Employers
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In Koke v. Baumgardner, No. 15-CV-9673 (LAK), 2016 WL 93094 (S.D.N.Y. Jan. 5, 2016), the court considered the applicability of Title VII of the Civil Rights Act of 1964 to claims of discrimination based on sexual orientation. Plaintiff sued in New York state court for alleged discrimination “because of her gender and her actual or…

Read More Federal Court Rejects Jurisdictional Challenge to Sexual Orientation Discrimination Case Brought Under Title VII
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In Matter of Gifford v Mccarthy, 2016 NY Slip Op 00230 (App. Div. 3d Dept. Jan. 14, 2016), the Appellate Division, Third Department held that the NYS Division of Human Rights properly found an upstate farm guilty of an unlawful discriminatory practice based on sexual orientation. This decision provides useful guidance on, among other things, what…

Read More Court Upholds NYSDHR Determination That Liberty Ridge Farm Engaged in Public Accommodation Discrimination on the Basis of Sexual Orientation by Refusing to Host Same-Sex Wedding Ceremony and Reception
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In Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who…

Read More Court Denies Attorney Fees to Prevailing Defendant in Sexual Orientation Discrimination Case
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