Sexual Orientation / LGBTQ Discrimination

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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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A recent Southern District of New York decision, Daniel v. T&M Protection Resources LLC (SDNY 13-cv-4384, Feb. 19, 2015), illustrates that even conduct that rises to the level of what may be considered “crude” and “contemptible” may not be (and, in this case, was not) enough to survive summary judgment on a Title VII hostile…

Read More Court Explains That Even “Crude and Contemptible” Conduct May Not Rise to the Level of a Hostile Work Environment
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In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…

Read More Discrimination Lawsuit Against Toys “R” Us
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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The Eastern District’s recent decision in Tate v. Rocketball Ltd (decided 9/18/14) provides some insight into how courts assess discrimination claims arising outside the “typical” employer-employee relationship/setting. Plaintiff, a gay male, worked for a restaurant. Part of his job duties included bringing food and drinks to the Houston Rockets’ locker room while they were at Barclays Center…

Read More Waiter’s Sexual Orientation Discrimination/Hostile Work Environment Claims Dismissed Against Non-Employer Houston Rockets’ Owner
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In Cole v. Sears, Roebuck & Co., decided Sept. 30, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s discrimination (hostile work environment) and retaliation claims. As to plaintiff’s discrimination claim, the court held: Viewed in the light most favorable to plaintiff, the evidence shows that, from…

Read More Evidence of Anti-Gay Hate Speech Suffices to Overcome Summary Judgment on Sexual Orientation Discrimination and Hostile Work Environment Claims
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