Sexual Orientation / LGBTQ Discrimination

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In Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…

Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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In Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and…

Read More Court Dismisses Defamation and False Light/Privacy Claims Brought By Alleged Harasser Against Law Professor
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In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
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In a recent decision, the Southern District of New York recently denied defendant UBS Financial Services’ motion for summary judgment on plaintiff’s claims that she was terminated in retaliation for complaining about a co-worker’s sexist comment, and because of her revelation that she is gay. Shortly before plaintiff’s termination, plaintiff told the company that she had…

Read More Retaliation and Sexual Orientation Discrimination Claims Continue Against UBS
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In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
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Below and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…

Read More “Reverse” Discrimination Case Against Heterosexual Teacher
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In Sandiford v. City of New York Dept. of Education the New York Court of Appeals (the state’s highest court) yesterday, Oct. 17, 2013, affirmed the Appellate Division’s order permitting plaintiff’s sexual orientation discrimination and retaliation claims under the New York State and City Human Rights Laws to proceed. The Court of Appeals decision is rather terse; for…

Read More Teacher May Continue Sexual Orientation Discrimination and Retaliation Claims
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As reported in the Huffington Post, a former Starbucks manager recently sued the company under the New York State and New York City Human Rights Laws.  Plaintiff alleged that following her arrest for assaulting another employee, she was “accused” of having a lesbian relationship with that employee.  Plaintiff denies being gay. Plaintiff alleged (among other…

Read More Starbucks Manager Alleges She Was Fired After Opposing False Claim of Being Gay
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In a letter dated February 14, 2013, 37 senators urged President Obama to issue an Executive Order protecting LGBT employees of federal contractors against discrimination.  This would supplement the protections embodied in Executive Order No. 11246 (signed by President Johnson in 1965), which requires federal contractors to refrain from discriminating because of race, creed, color,…

Read More Senators Urge Pres. Obama to Issue Executive Order Protecting LGBT Employees of Federal Contractors Against Discrimination
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