Pregnancy Discrimination

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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the court addressed the following issue: whether a cause of action under Title VII can be based on notice to an employee of a termination of employment effective in approximately three weeks, that…

Read More 2d Circuit Holds That Title VII Claim May Be Based on Subsequently-Revoked Notice of Termination
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In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From…

Read More Gender/Pregnancy Discrimination Claims Against Royal Bank of Canada Survive Summary Judgment
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From Rodriguez v. Zee Brothers, Inc., 2017 WL 2290208 (NY Sup. Ct. Bx Cty. No. 21149/2015E April 20, 2017): In this case, Defendants argue that the sexual harassment cause of action must be dismissed because there is simply no evidence of such harassment. Defendants assert “Plaintiff’s claims do not make clear whether she is proceeding…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment
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In a recently-filed complaint, captioned Simchi-Levi v. Kobra Int’l d/b/a Nicole Miller (NY Sup. Ct. NY Cty Index 152114/2017, filed Mafch 5, 2017), plaintiff asserts claims of pregnancy discrimination under the New York State and City Human Rights Laws, and a claim of failure to pay earned sick time under the New York City Earned…

Read More Pregnancy Discrimination Lawsuit Against Nicole Miller
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In Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In…

Read More 2d Circuit: Reinstatement Offer Conditioned on Foregoing Pregnancy Discrimination Case Should Have Been Excluded; Defense Verdict Overturned
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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
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In a recent New York State court complaint, captioned Prowell v. Advanced Fertility Services, P.C. et al (NY Sup. Ct. NY Cty. 155828/2016, filed July 14, 2016), plaintiff alleges that she was terminated in retaliation for her complaints about pregnancy discrimination, in violation of the New York State and City Human Rights Laws. She asserts claims…

Read More Pregnancy Discrimination Lawsuit Against Advanced Fertility Services
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The NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…

Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement Guidance
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This week, in Legg v. Ulster Cty., No. 14-3636, 2016 WL 1637993 (2d Cir. Apr. 26, 2016), the Second Circuit reinstated a pregnancy discrimination claim brought by an Ulster County Corrections Officer. Plaintiff argued that the defendant County “unlawfully discriminated against her on the basis of her pregnancy when it denied her request for an accommodation under…

Read More Second Circuit Reinstates Pregnancy Discrimination Claim in Light of Young v. UPS
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