Sex / Gender Discrimination

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In DeMuth v. United States Small Business Administration, 2020 WL 3721115 (2d Cir. July 7, 2020) (Summary Order), the Second Circuit affirmed the district court’s dismissal (on summary judgment) of plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court concisely summarized the well-established legal framework for evaluating…

Read More 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Claim; Pretext Not Shown
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In Jarusauskaite v. Almod Diamonds, Ltd., No. 154732/2019, 2020 WL 3618936 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim against the entity defendant’s Board of Directors, based on the alleged harassment by an individual. From the decision: To sustain a hostile work environment…

Read More Gender-Based Hostile Work Environment Claim Dismissed Against Board of Directors
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In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on his “gender identify” under the New York State Human Rights Law. The court summarized the law as follows: Under…

Read More “Gender Identity”-Based Hostile Work Environment Claim Survives Dismissal Motion
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In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on perceived sexual orientation 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. (I addressed the…

Read More Plaintiff Sufficiently Alleges Sexual Orientation Discrimination Against Leg Apparel et al
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In Mejia v. City of New York, 2020 WL 2837008 (E.D.N.Y. May 30, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted against two individuals under the New York City Human Rights Law. From the decision: Plaintiff’s gender-based hostile work environment claim, however, is viable as…

Read More “Bitch” Remark Among Evidence Supporting Denial of Summary Judgment Under the NYC Human Rights Law on Plaintiff’s Hostile Work Environment Claim
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In Gold v. Titlevest Agency LLC, et al., Defendants., 2020 WL 2835570 (S.D.N.Y. June 1, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims under Title VII and the New York State and City Human Rights Laws. In sum, plaintiff alleged (among other things) that her…

Read More “Hearsay”-Based Hostile Work Environment Claim Dismissed
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In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender discrimination claim, based on her alleged denial of a desired assignment. The court explained the contours of an “adverse employment action” in this context: An adverse employment…

Read More Gender Discrimination Claim, Based on Denial of Assignment, Dismissed
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In Erno v. New York State Office of Information Technology Services, 19-CV-1457, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Considered in totality, the Court finds that the facts alleged by Plaintiff are sufficient to state a hostile…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexist Jokes
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In Miranda v. South Country Central School District, Joseph Giani, et al, 2020 WL 2563091 (EDNY May 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination asserted under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the New…

Read More “Topless Selfie” Teacher’s Gender Discrimination Claims Continue Against School District
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In Jones v. Fox Rothschild LLP, 2020 WL 2521328 (S.D.N.Y. May 18, 2020), a sexual harassment case, the court transferred the case to the District of New Jersey. After summarizing the general principles governing the setting of venue in a federal district court – namely, that venue lies in a district “in which a substantial…

Read More Sexual Harassment Case Against Fox Rothschild Transferred to New Jersey
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