Sex / Gender Discrimination

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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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In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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