Sexual Orientation / LGBTQ Discrimination

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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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In Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…

Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” Claim
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In Malanga v. NYU Langone Med. Ctr., No. 14CV9681, 2015 WL 7019819, (S.D.N.Y. Nov. 12, 2015), the Southern District of New York held that plaintiff sufficiently alleged her claims of retaliation under the False Claims Act and sexual orientation discrimination (hostile work environment) under the NYC Human Rights Law (NYCHRL). Here is her amended complaint. False…

Read More Plaintiff Sufficiently Alleges False Claims Act and Sexual Orientation Discrimination (Hostile Work Environment) Claims Against NYU Langone Medical Center
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In a recent lawsuit, Kaplan-DiNola v. NYC Dept. of Education, 15-cv-8139 (SDNY filed 10/16/15), elementary school teacher Rosanne Kaplan-DiNola alleges that she is a homosexual female who “has been forced to work in an environment of blatant homophobia and discrimination perpetrated by her immediate supervisors.” She alleges, for example, that defendants berated her for her…

Read More Teacher’s Sexual Orientation Discrimination Lawsuit Against NYC Dept. of Education
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In a recent race discrimination lawsuit, captioned Li’Gon v. ASPCA, SDNY 15-07686 (filed Sept. 29, 2015), plaintiff Benjamin Li’Gon alleges that the defendant terminated him because of his race, gender, and sexual orientation. Plaintiff, who is a gay black man, alleges (among other things) that “ASPCA cultivated a work environment in which it allowed its…

Read More “Sexual Chocolate” Race, Gender, Sexual Orientation Discrimination Lawsuit Against ASPCA
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In Rodriguez v. New York City Health & Hospitals Corp., No. 14 CIV. 4960 BMC, 2015 WL 5229850 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York granted defendant summary judgment on plaintiff’s sexual orientation discrimination and quid pro quo sexual harassment claims. In sum, plaintiff alleged that “he was denied employment by defendants…

Read More Hiring of Better-Qualified Candidate, Notwithstanding “Unprofessional and Coarse” Text Messages, Defeats Sexual Orientation Discrimination (Failure-to-Hire) Claim
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In Roberts v. United Parcel Serv., Inc., No. 13-CV-6161, 2015 WL 4509994 (E.D.N.Y. July 27, 2015), the Eastern District of New York denied defendant United Parcel Service’s post-trial motions and upheld the jury’s $100,000 verdict for plaintiff on her sexual orientation discrimination/hostile work environment and retaliation claims under the NYC Human Rights Law. From Judge…

Read More Court Upholds Jury Verdict (Liability and $100k Damages) in Sexual Orientation Discrimination Case Against UPS
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