Sexual Orientation / LGBTQ Discrimination

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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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In Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015), the U.S. Equal Employment Opportunity Commission has taken the position that discrimination based on sexual orientation is discrimination based on “sex” and actionable under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on, among other things, “sex,” but…

Read More EEOC: Discrimination Based on Sexual Orientation is Discrimination Based on “Sex” in Violation of Title VII
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In Roberts v. UPS, 13-cv-6161 (Eastern District of New York), a jury recently awarded a discrimination plaintiff $50,000 in compensatory damages and $50,000 in punitive damages under the New York City Human Rights Law ($25k compensatory for discrimination, $25k punitive for discrimination, $25k compensatory for retaliation, $25k punitive for retaliation). Federal subject matter jurisdiction was…

Read More $100,000 Jury Verdict for Victim of Sexual Orientation Discrimination and Harassment
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In a lawsuit filed April 2, 2015 and captioned Lombardi v. CBS Broadcasting, Inc. et al., 15-cv-02516, plaintiff Lombardi asserts various claims against defendant CBS, including gender discrimination, retaliation, constructive discharge, aiding and abetting discrimination, and hostile work environment. Among other allegations, plaintiff (who is male) alleges that at CBS’ December 2013 holiday party, a…

Read More Same-Sex Sexual Harassment Lawsuit Against CBS
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