Sex / Gender Discrimination

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In Bouziotis v. Iron Bar, LLC, 2022 WL 1144916 (N.J. Super. A.D. April 19, 2022), the court affirmed the dismissal of plaintiff’s gender-based hostile work environment under the New Jersey Law Against Discrimination (LAD). In sum, plaintiff alleged that, among other things, instead of using plaintiff’s proper name, the defendant bar’s part owner (individual defendant…

Read More Hostile Work Environment Claim Dismissed; “Loutish”, “Unprofessional”, “Inappropriate” Conduct Insufficient
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In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
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In Pascua v. Jewel Food Stores, Inc., 20 C 2510, 2022 WL 1045639 (N.D.Ill. April 7, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law – including the element that the alleged…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; “Rude” and “Unprofessional” Behavior Was Insufficiently Connected to Gender
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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In Gangadharan v. GNS Goods and Services, et al, 18-cv-7342, 2022 WL 824135 (E.D.N.Y. March 18, 2022), the court, inter alia, granted plaintiff’s motion for default judgment on her claims of religion and gender-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Claims Sufficiently Alleged; Allegations Include “Muslim Bitch” Comments
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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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