Sex / Gender Discrimination

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In Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives Dismissal
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In DiLeo v. McDonough, Case No. 19-CV-2405 (FB) (MMH), 2024 WL 3758808 (E.D.N.Y. August 12, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The familiar, three-part McDonnell Douglas burden-shifting framework governs Plaintiff’s…

Read More “Emotionally Taxing” Work Environment Nevertheless Did Not Give Rise to Title VII Sex Discrimination Claim
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Wickland v. Archcare at Terrance Cardinal Cooke Health Care Center et al, 2024 WL 3432029 (E.D.N.Y. July 15, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sex discrimination (termination) asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law, and applied it to…

Read More Title VII Sex Discrimination Claim Dismissed; Termination Was Allegedly Due to “No Call No Show” and Not Plaintiff’s Sex
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In Riggs v. Akamai Technologies et al, No. 1:23-CV-06463-LTS, 2024 WL 3347032 (S.D.N.Y. July 8, 2024), the court, inter alia, denied defendants’ motion to dismiss, and held that plaintiff sufficiently alleged, a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964 and the New York State and City…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Sex Stereotyping and Comments About Sex Life
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In Silverthorne v. The City of New York, No. 507047/2023, 2024 WL 3312436 (N.Y. Sup Ct, Kings County July 05, 2024), the court granted the defendant’s motion to dismiss plaintiff’s claims of race/gender discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Accepting the facts…

Read More Race/Gender Discrimination, Hostile Work Environment Claims Dismissed; “Ambiguous” Allegations as to “Angry Black Woman” Comment Insufficient
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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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