In a recent complaint, captioned Torre et al v. Charter Communications, 19-cv-5708 and filed in the Southern District of New York,, plaintiffs assert gender and age discrimination under the New York State and City Human Rights Laws and the federal and New York Equal Pay laws.
Read More Gender/Age Discrimination Lawsuit Against Charter Communications / NY1In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…
Read More Sex Discrimination, Hostile Work Environment Dismissal AffirmedIn Desouza v. Office of Children and Family Services, 2019 WL 2477796 (E.D.N.Y. June 12, 2019), the court clarified differences between/among the various theories available to a plaintiff in a gender discrimination/sexual harassment case. It explained (paragraphing altered): Though claims challenging disparate treatment, quid pro quo sexual harassment, and hostile work environment are all claims of…
Read More Court Clarifies Difference Between “Hostile Work Environment” and “Disparate Treatment” Gender Discrimination Claims; Absence of “Adverse Employment Action” Results in DismissalIn Miller v. City of New York, 18-1607-cv (2d Cir. May 28, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ class action lawsuit alleging violations of the Equal Pay Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiffs, who are predominantly female school crossing guards…
Read More 2d Circuit Affirms Dismissal of Sex Discrimination Case, Citing Differences of Jobs Held By Alleged Male ComparatorsIn Vitale v. Equinox Holdings, Inc., 2019 WL 2024504 (SDNY May 7, 2019), the court, inter alia, dismissed plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964. Initially, the court held that certain remarks were too remote in time to be probative of discrimination: [C]omments that the plaintiff was…
Read More Gender Discrimination Claims Against Equinox DismissedIn McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…
Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender DiscriminationIn Dotson v. City of Syracuse, et al., No. 18‐1020 (2d Cir. Feb. 27, 2019) (Summary Order), the Second Circuit reversed the district court’s grant of summary judgment on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964. The court’s review/analysis was “limited to the issue whether [plaintiff] Dotson…
Read More Title VII Sex Discrimination Claim RevivedIn Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…
Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court NotesIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen…
Read More Sexual Harassment and Other Claims Discontinued Against Predecessor Entity