Sexual Orientation / LGBTQ Discrimination

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Today, in Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020) (J. Gorsuch),[1]This case was decided together with Altitude Express, Inc. v. Zarda, No. 17-1623 (Second Circuit) and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (Sixth Circuit). the U.S. Supreme Court held that the prohibition of discrimination based on “sex”…

Read More U.S. Supreme Court Rules 6-3 That Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims asserted 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. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal
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In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
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In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…

Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds
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In Raji v. SG Americas Securities, LLC, No. 154174/2019, 2020 WL 94806 (N.Y. Sup Ct, New York County Jan. 08, 2020), the court dismissed plaintiff’s sexual orientation discrimination claims asserted under the New York State and City Human Rights Laws. Initially, plaintiff sued in federal court. The case was dismissed on October 25, 2018. Plaintiff…

Read More Sexual Orientation Discrimination Claim Dismissed as Untimely, Notwithstanding CPLR 205(a)
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Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case
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In Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”
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In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…

Read More NYC Celebrates LGBT Pride
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In Latif v. Morgan Stanley & Co. LLC, 2019 WL 2610985 (SDNY June 26, 2019), the court held that plaintiff’s claims of employment discrimination were subject to mandatory arbitration. In this case, plaintiff “alleges that, beginning in the fall of 2017, he became the target of, inter alia, inappropriate comments regarding his sexual orientation, inappropriate…

Read More Arbitration Compelled in Sexual Harassment Case, Notwithstanding New State Law
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