Sex / Gender Discrimination

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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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In Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…

Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching
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In Comerford v. Village of North Syracuse et al, 2021 WL 950974 (N.D.N.Y. March 12, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim. As to the “objectively severe or pervasive” prong of the analysis, the court explained: Plaintiff provided evidence of the following treatment and…

Read More Gender-Based Hostile Work Environment Claim Survives Against Village of North Syracuse et al
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In Whipple v. Reed Eye Associates, 15-CV-6759L, 2021 WL 852039 (W.D.N.Y. March 8, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. While the court ultimately ruled against the plaintiff on the merits, this decision is nevertheless instructive as to how courts evaluate the situation where some events…

Read More Court Dismisses Sex-Based Hostile Work Environment Claims; Discusses “Out-of-Office” Conduct
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discriminatory failure-to-promote claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). (The court also held that plaintiff sufficiently alleged…

Read More Failure-to-Promote Claims Sufficiently Alleged Against MetLife
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender-based hostile work environment under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Here is the court’s discussion…

Read More Gender-Based Hostile Work Environment Claims Sufficiently Alleged Against MetLife
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In Harding v. Donatella GCT LLC et al, No. 158886/2017, 2021 N.Y. Slip Op. 50116(U), 2021 WL 647542 (Sup Ct, Feb. 18, 2021), the court, inter alia, denied defendant’s motion for summary judgment targeting plaintiff’s claim of retaliation. From the decision: To make out a claim for retaliation, a plaintiff must show that (1) she…

Read More Retaliation Claim, Based on Termination Following Complaint of Sexual Harassment/Groping, Survives Summary Judgment Dismissal
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In Harding v. Donatella GCT LLC et al, No. 158886/2017, 2021 N.Y. Slip Op. 50116(U), 2021 WL 647542 (Sup Ct, Feb. 18, 2021), the court, inter alia, dismissed plaintiff’s claim of gender discrimination. From the decision: Plaintiff here has not made out a prima facie case of gender discrimination. For example, the record reflects that…

Read More Gender Discrimination Claim Dismissed; Court Cites Female Plaintiff’s Replacement by Another Female
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In Doe v. Bloomberg, L.P., et al., 2021 N.Y. Slip Op. 00898, 2021 WL 496608 (N.Y. Ct. App., Feb. 11, 2021), the New York Court of Appeals affirmed a First Department decision declining to impose vicarious liability on defendant Michael Bloomberg, under the New York City Human Rights Law, for the alleged harassment committed by…

Read More Court of Appeals Clarifies Standard for Individual Liability as “Employers” for Discrimination Under the New York City Human Rights Law
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, affirmed a jury verdict for plaintiff on her battery, employment discrimination, hostile work environment/sexual harassment, and retaliation claims. From the decision: The evidence at trial…

Read More Sexual Harassment, Battery, Discrimination, and Retaliation Jury Verdict Upheld Against Montefiore Medical Center
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