Sex / Gender Discrimination

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In a unanimous opinion issued today (authored by Justice Jackson), Ames v. Ohio Dept. of Youth Services, No. 23-1039, the U.S. Supreme Court vacated a lower court opinion, holding that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of discrimination at the…

Read More SCOTUS Rejects Heightened Evidentiary Standard in “Reverse Discrimination” Cases
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to state a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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In Walters v. Shintech, Inc., CIVIL ACTION NO. 23-277-JWD-SDJ, 2025 WL 918450 (M.D.La. March 26, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: In order to show a hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment
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In Stashenko, Stephanie v. The State of New York et al, No. 903130-22, 2025 N.Y. Slip Op. 50616(U), 2025 WL 1228825 (Sup Ct Albany Cty, Apr. 14, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination under the New York State Human Rights Law. After summarizing the black-letter law…

Read More Sex, Familial Status Discrimination Claims Survive Summary Judgment Against NY State
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In Toney v. Clorox Company, No. 24-2567, 2025 WL 1201881 (9th Circuit April 25, 2025), the U.S. Court of Appeals for the Ninth Circuit, inter alia, reversed an award of summary judgment to defendant on plaintiff’s claim of wrongful termination (discrimination) based on gender. From the decision: In this employment discrimination case, we address the…

Read More 9th Circuit, Citing “Internally Inconsistent” Reasons for Termination, Reverses Summary Judgment on Gender Discrimination Claim
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In Lyu v. Alfa Chemistry Inc. et al, 23-CV-7951 (EK)(ST), 2025 WL 1093134 (E.D.N.Y. April 13, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of sex-based discrimination under the New York State Human Rights Law. The court summarized, and applied, the law as follows: The elements of a disparate treatment claim…

Read More NYSHRL Wrongful (Sex-Based) Discrimination Claim Survives Dismissal
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In Kozak v. Office Depot, Inc., 2025 WL 898979 (W.D.N.Y. March 25, 2025), the court, inter alia, held that defendant’s motion for summary judgment should have been denied – and thus disagreed with the Magistrate Judge’s decision to the contrary – as to plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights…

Read More Title VII Sex Discrimination Claim Survives Summary Judgment; Sexual Harassment Claim Was “Inextricably Intertwined” With Termination Decision
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In Dedewo v CBS Corporation, No. 158386/22, 2024-00838, 3945, 2025 N.Y. Slip Op. 01712, 2025 WL 863866 (N.Y.A.D. 1 Dept., Mar. 20, 2025), the court affirmed the lower court’s order dismissing plaintiff’s claims for race and sex discrimination and retaliation under the New York City Human Rights Law. From the decision: To the extent plaintiff’s…

Read More Federal Court Decision Precludes NYC Human Rights Law Claims, First Department Holds
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In Hamilton v. Siemens Healthcare Diagnostics, Inc., 2025 WL 863572 (S.D.N.Y. March 18, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff alleges that he experienced “a pattern of activity aimed at bringing about [his] resignation.” (Am. Compl.…

Read More Hostile Work Environment Claims Dismissed; Allegations Failed to Rise to the Level of “Severe or Pervasive”; Causation Not Shown
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In Hoffman v St. Bonaventure University, No. 24-00445, 866.1, 226 N.Y.S.3d 790, 2025 N.Y. Slip Op. 00763, 2025 WL 427098 (N.Y.A.D. 4 Dept., Feb. 07, 2025), the court reversed a lower court’s denial of defendant’s motion for summary judgment on plaintiff’s sex and religious beliefs. From the decision: Plaintiff commenced this employment discrimination action alleging…

Read More Sex/Religion Discrimination Failure-to-Hire Claims Dismissed
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