Sex / Gender Discrimination

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In Kao v. Onyx Renewable Partners L.P., No. 654411/2021, 2022 WL 705640 (N.Y. Sup Ct, New York County Mar. 08, 2022), the court dismissed plaintiff’s gender discrimination claims under the New York State and City Human Rights Laws. From the decision: The particular discrimination allegations against defendant is the one-time “Happy International Woman’s Day” wish…

Read More “Happy International Woman’s Day” Comment Insufficient to Support Sex/Gender Discrimination Claim
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In Lefort v. Kingsbrook Jewish Medical Center, No. 2019-08796, 505520/14, 2022 N.Y. Slip Op. 01294, 2022 WL 610080 (N.Y.A.D. 2 Dept., Mar. 02, 2022), the New York Appellate Division, Second Department reversed a lower court’s Order granting summary judgment to defendant on plaintiff’s claims of pregnancy discrimination (a form of sex/gender discrimination) under the New…

Read More Pregnancy Discrimination Case Survives Summary Judgment; Termination, Rehire With Diminished Responsibilities Followed Maternity Leave Return
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In Omyla v. Smiletech, Inc., No. 517483/2021, 2022 WL 524944 (N.Y. Sup Ct, Kings County Feb. 14, 2022), the court, inter alia, denied the individual defendant’s (Ifraim Agababayev) motion to dismiss discrimination and harassment claims asserted under the New York State and City Human Rights Laws. In this case, plaintiff (a dental technician) asserts causes…

Read More Discrimination, Sexual Harassment Claims Sufficiently Alleged Against Individual Defendant, Court Holds
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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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In Boatright v. U.S. Bancorp, 20-4236-cv, 2022 WL 351059 (2d Cir. Feb. 7, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s race- and gender-based discrimination claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Race, Gender-Based Pay Discrimination Claim Dismissal Affirmed; Alleged “Shifting Explanations” Did Not Permit Finding of Pretext
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In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In Petty v. Law Off. of Robert P. Santoriella, P.C., 2021 NY Slip Op 07527 (N.Y. App. Div. 1 Dept. Dec. 28, 2021), the court reversed the dismissal of plaintiff’s gender-based public accommodation discrimination claim, asserted under the New York State and City Human Rights Laws. From the decision: In this case, plaintiff made a…

Read More Gender-Based Public Accommodation Discrimination Claim Proceeds Against Lawyer
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In Bradshaw v. City of New York, No. 1486 8, 2021-01234, 2021 N.Y. Slip Op. 07060, 2021 WL 5930827 (N.Y.A.D. 1 Dept., Dec. 16, 2021), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s employment discrimination claims on the ground of “res judicata”. From the decision: Plaintiff’s claims for gender discrimination, hostile work…

Read More Gender Discrimination, Hostile Work Environment, Retaliation Claims Held Properly Dismissed on “Res Judicata” Grounds
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In Chacko v. Office of the New York State Comptroller et al, No. 20-cv-10697, 2021 WL 5605063 (S.D.N.Y. Nov. 30, 2021), the court granted defendants’ partial motion to dismiss based on plaintiff’s failure to “administratively exhaust” her claims before the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: In her EEOC Charge, Plaintiff alleged…

Read More Discrimination Allegations Concerning Additional Actors Dismissed as Beyond EEOC Charge’s Scope
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In Walker v. Triborough Bridge and Tunnell Authority et al, 2021 WL 5401483 (S.D.N.Y. Nov. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of race and gender discrimination. This case nicely illustrates a fundamental premise of anti-discrimination law, namely: Discrimination has no place in the workplace. Anti-discrimination laws protect employees when they are subjected…

Read More Hostile Work Environment Claims Dismissed; Abusive Conduct Was Not Connected to Gender or Race
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