Sexual Orientation / LGBTQ Discrimination

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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…

Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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Here is the United States’ amicus brief in Zarda v. Altitude Express (2d Cir. 15-3775 July 26, 2017), in which the government argues that Title VII of the Civil Rights Act of 1964 should not be interpreted to cover employment discrimination based on on employee’s sexual orientation. The government argues, inter alia: The question presented is not…

Read More U.S. Government Files Amicus Brief Arguing Against Interpreting Title VII to Cover Employment Discrimination Based on Sexual Orientation
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In Luka v. Bard College et al, No. 15-cv-4598, 2017 WL 2839641 (S.D.N.Y. June 29, 2017), the court held, inter alia, that plaintiff sufficiently alleged gender discrimination under the New York State Human Rights Law (NYSHRL). This decision is instructive on how courts apply pleading standards to such claims. The court summarized the law: To…

Read More Lesbian Professor, Denied Tenure, Plausibly Alleges Discrimination Under the NYS Human Rights Law Against Bard College
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From Thygesen v. N. Bailey Volunteer Fire Co., No. 16-00775, 2017 WL 2491451, at *2 (N.Y. App. Div. June 9, 2017): [P]laintiff is not required to prove his claim to defeat summary judgment” (Ferrante, 90 N.Y.2d at 630). Rather, “[t]o defeat a properly supported motion for summary judgment in [a sexual orientation] discrimination case, plaintiff[ ]…

Read More Sexual Orientation Employment Discrimination Claim Survives Summary Judgment
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Today is the NYC Pride March, part of an annual celebration to commemorate the Stonewall Riots of 1969 – the event(s) that sparked the beginning of the modern Gay/LGBT Rights movement. Various laws protect employees against discrimination because of their sexual orientation. For example, the New York City Human Rights Law provides, in relevant part:…

Read More NYC Pride March 2017
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In Zarda v. Altitude Express (2d Cir. No. 15-3775 April 18, 2017), the Second Circuit – in a per curiam opinion issued by a panel comprising Judges Jacobs, Sack, and Lynch – affirmed the summary judgment dismissal of a gay man’s claim that his employer terminated him because of his sexual orientation, in violation of…

Read More 2d Circuit En Banc Panel to Consider Sexual Orientation Discrimination Claims Under Title VII
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In Philpott v. State of New York, No. 16 CIV. 6778 (AKH), 2017 WL 1750398 (S.D.N.Y. May 3, 2017) (J. Hellerstein), the court denied defendant’s motion to dismiss plaintiff’s claims for sexual orientation discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964. From the opinion: [P]laintiff has adequately…

Read More Title VII Sexual Orientation Discrimination Claim Survives Motion to Dismiss
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In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Read More Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged
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In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal…

Read More NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly Dismissed
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The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it…

Read More 7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII
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