Sexual Orientation / LGBTQ Discrimination

In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Castillo v. Isakov et al, 22-cv-6888 (LJL), 2023 WL 6664552 (S.D.N.Y. Oct. 12, 2023), the court, inter alia, granted plaintiff’s motion for default judgement on his discrimination claims (based on sexual orientation) under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations, as to this claim, as follows: Castillo…

Read More Plaintiff Awarded Default Judgment on Sexual Orientation Discrimination Claim; Allegations Included Homophobic Slurs Etc.
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In a recent case, Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2023 WL 6393739 (S.D.N.Y. Sept. 30, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that…

Read More Title VII Sexual Orientation Discrimination Claim Survives Summary Judgment
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW,  (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Specifically,…

Read More Retaliation Claims, Arising From Termination Following Complaints About Sexual Orientation Discrimination, Survive Summary Judgment
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In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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In Grainger v. The City of New York, No. 158264/2019, 2023 WL 2307497 (N.Y. Sup Ct, New York County Feb. 27, 2023), the court denied defendant’s motion for summary judgment on on plaintiff’s (a lesbian woman) claims that she was subject to discrimination based on her sexual orientation. After summarizing the “black letter” law, the…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the City of New York
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims that he was subject to unlawful discrimination, in that he was terminated because of his perceived sexual orientation, in violation of Title VII of the…

Read More Teacher Sufficiently Alleges Discriminatory Termination Based on Perceived Sexual Orientation
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Hester v. Board of Education of Prince George’s Cnty., Civil Action No. TDC-22-0128, 2022 WL 7088293 (D.Md. October 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. As to whether the alleged…

Read More Teacher’s Title VII Sex/Sexual Orientation-Based Hostile Work Environment Claim Survives Dismissal
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