Sexual Orientation / LGBTQ Discrimination

by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

One way to prove discrimination is by introducing evidence of negative comments pertaining to the plaintiff’s protected class or about others in the plaintiff’s protected class. But what if some, or all, of the derogatory comments are not directly perceived by the harassment victim? That is one of the issues addressed by the Southern District…

Read More Secondhand “Incendiary” Comments Regarding Sexual Orientation Sufficient to State Hostile Work Environment Claim
Share This:
by

In Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…

Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports Club
Share This: