Sex / Gender Discrimination

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In Pine v. Cnty. of Ocean, 2024 WL 2785516 (D.N.J. May 30, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted under the New Jersey Law Against Discrimination (LAD). Here, the central issue was whether the alleged harasser was plaintiff’s supervisor. From the decision: The County cannot be vicariously…

Read More Sex Discrimination Claim Sufficiently Alleged Under NJ Law Against Discrimination; Alleged Harasser Was Sufficiently Alleged to be Plaintiff’s “Supervisor”
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In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
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In Azanedo v. Alaris Health at Castle Hill, 2024 WL 1727654 (N.J.Super.A.D., 2024), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: After examining the record on appeal, and considering the proofs as a whole, whether plaintiff was called a “bitch” on a “daily” basis or whether…

Read More Sex-Based Hostile Work Environment Claim Properly Dismissed; Court Cites Plaintiff’s Use of the Word “Bitch”
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In Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate). As to plaintiff’s discrimination claims, the court explained that…

Read More Race, Gender Discrimination Claims Sufficiently Alleged; Allegations Included Denial of Overtime, Transfers, and Promotions
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In Elco, Melissa Breitenbach v. Yvette Aguiar, et al, No. 2022-01691, 614414/20, 2024 N.Y. Slip Op. 01796, 2024 WL 1423822 (N.Y.A.D. 2 Dept., Apr. 03, 2024), the court affirmed the lower court’s denial of defendant’s motion, pursuant to CPLR 3211(a), to dismiss plaintiff’s discrimination claim asserted under the New York State Human Rights Law. From…

Read More Plaintiff Sufficiently Alleges “Inferior Terms, Conditions or Privileges of Employment” Under the Amended NYS Human Rights Law
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In Gray v. Minnesota Mining and Manufacturing Company, 3:23-CV-01069 (VDO), 2024 WL 1879745 (D.Conn. April 30, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: To establish a claim of hostile work environment, the workplace [must be] permeated with discriminatory intimidation, ridicule, and insult that is…

Read More Hostile Work Environment Claim Dismissed; Comments and Incidents Were “Isolated” and “Episodic”
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Bart v. Golub Corporation, No. 23-238, 2024 WL 1281069 (2d Cir. March 26, 2024), the court clarified and reaffirmed “foundational principles governing pretext and causation in Title VII disparate treatment claims.” In sum, plaintiff, a female manager at Price Chopper (a supermarket chain operated by defendant Golub Corp.), was fired two days after she…

Read More 2nd Circuit Clarifies “Pretext” Analysis; Sex-Based Termination Claim Survives Summary Judgment
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