Sex / Gender Discrimination

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In Wallace v. Dr. Mark T. Esper, Secretary, Department of the Army, 18-cv-6525, 2019 WL 4805813 (S.D.N.Y. Sept. 30, 2019), the court, niter alia, held that plaintiff sufficiently alleged a claim of gender discrimination, in violation of Title VII of the Civil Rights Act of 1964. The court summarized the elements of such a claim:…

Read More Gender Discrimination Claim Sufficiently Alleged; Allegations Included Reassignment to Less-Experienced Male Colleague
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In Murphy v. City of Newburgh, 2019 WL 4855691 (2d Cir. Oct. 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. While plaintiff did complain of certain treatment, her complaints did not amount to legally-actionable “protected activity.” The court…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; Disconnect From Gender Means No “Protected Activity”
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In Chow-Tai v Fulvio & Associates, LLP, No. 158939/2018, 2019 WL 4039146, 2019 N.Y. Slip Op. 32514(U) (N.Y. Sup Ct, New York County Aug. 27, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim. From the decision: To establish a constructive discharge, Plaintiff must demonstrate “deliberate and intentional” acts of…

Read More Constructive Discharge Claim Survives Dismissal; Sexual Harassment and Other Claims Dismissed as Time-Barred
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In Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…

Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected Characteristic
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In Menaker v. Hofstra University, 18-3089-cv, 2019 WL 3819631 (2d Cir. Aug. 15, 2019), the Second Circuit vacated the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized its holding(s) as follows: (1) Where a university (a) takes an adverse employment action against an…

Read More Second Circuit Vacates Dismissal of Hofstra Tennis Coach’s Sex Discrimination Claim
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In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim. Initially, the court held that plaintiff was properly precluded from relying on her deposition testimony to raise a genuine issue of fact about giving…

Read More Citing Plaintiff’s “Crude Remark”, 2d Circuit Affirms Dismissal of Gender Discrimination Claim; Pretext Not Shown
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In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules
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In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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A recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…

Read More Uncivil? Maybe. “Hostile Work Environment”? No.
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