Sexual Orientation / LGBTQ Discrimination

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In Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…

Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction
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In Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…

Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary Judgment
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In Gamble v. Fieldston Lodge Nursing and Rehabilitation Center et al, No. 20-CV-10388-LTS, 2022 WL 1778488 (S.D.N.Y. June 1, 2022), the court granted defendant’s motion, for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), on plaintiff’s claim of sexual orientation discrimination in violation of Title VII of the Civil Rights Act of…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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In Crowley v. Billboard Magazine, No. 19-cv-7571, 2021 WL 6033608 (S.D.N.Y. Dec. 21, 2021), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of sexual orientation discrimination 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. This…

Read More Sexual Orientation Discrimination Claim Dismissed; Sending Sexually-Charged Messages Was Sufficient Reason For Termination, Notwithstanding That The Conduct Was Not Specifically Forbidden
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In Lynn v. State of New York, New York State Insurance Fund, No. 2021-054-042, 2021 N.Y. Slip Op. 51151(U), 2021 WL 5830520 (N.Y.Ct.Cl., Nov. 23, 2021), the court denied the movant’s application to file a late claim against the State of New York. In sum, the movant alleges that, during a Skype call, the supervisor…

Read More Hostile Work Environment Claimant’s Application For Late Filing in Court of Claims Denied
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In Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…

Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLC
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In Hutting v. Independent Living, No. 2017-09639, 6011/15, 2021 N.Y. Slip Op. 05551, 2021 WL 4763056 (N.Y.A.D. 2 Dept., Oct. 13, 2021), the court affirmed the dismissal of plaintiff’s claims of sexual orientation discrimination, as well as retaliation under the Family & Medical Leave Act. As to plaintiff’s discrimination claims, the court explained: The Supreme…

Read More Sexual Orientation Discrimination, FMLA Claims Properly Dismissed
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In Domen v. Vimeo, Inc., 2021 WL 4352312 (2d Cir. Sept. 24, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual orientation and religion-based discrimination claims under the New York State Human Rights Law. Plaintiff, James Domen (the president and founder of the non-profit…

Read More Religious, Sexual Orientation Claims Properly Dismissed Against Vimeo Following Deletion of Account Promoting “Sexual Orientation Change Efforts” Content
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In Barney v. H.E.L.P. Homeless Service Corporation, 19 Civ. 5959, 2021 WL 4267629 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim sexual orientation-based hostile work environment asserted under the New York City Human Rights Law. Notably, the court granted defendant’s motion for summary judgment on plaintiff’s…

Read More Sexual Orientation Hostile Work Environment Claim Survives Under City, But Not State and Federal, Law
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In a federal lawsuit filed on August 12, 2021 in the U.S. District Court for the Middle District of Florida, captioned EEOC v. Neighborhood Restaurant Partners Florida, LLC, Case No. 8:21-cv-01931-VMC-JSS, the U.S. Equal Employment Opportunity Commission asserts that the defendant, doing business as Applebees, violated Title VII of the Civil Rights Act of 1964,…

Read More EEOC Sues Florida Applebees for Race and Sexual Orientation Discrimination
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