Sex / Gender Discrimination

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In Gracia v. City of NY, 16-CV-7329, 2017 WL 4286319 (S.D.N.Y. Sept. 26, 2017) (J. Caproni), the court held that a release signed by plaintiff – a female NYPD officer – to resolve a personal injury slip-and-fall case was broad enough to encompass claims for gender discrimination sexual harassment, hostile work environment, and retaliation. In…

Read More Personal Injury Release Held Broad Enough to Cover Employment Discrimination, Sexual Harassment, and Retaliation Claims
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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…

Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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In Edwards v. Nicolai, 2017 NY Slip Op 06235 (App. Div. 1st Dept. Aug. 22, 2017), the court modified a lower court’s Order (issued by Judge Shlomo Hagler) dismissing plaintiff’s causes of action for gender discrimination in violation of the New York State and New York City Human Rights Laws, to deny defendant’s motion as to those…

Read More Court Reinstates “Too Cute” Gender Discrimination Claims Under NYS and NYC Human Rights Laws
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also…

Read More NDNY Upholds Sexual Harassment/Hostile Work Environment Jury Verdict for Plaintiff Corrections Officer
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In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Sexually Inappropriate Comments and Belittling Plaintiff in Front of Male Co-Workers
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In Russell v. Cty. of Rockland, No. 15CV4296, 2017 WL 3189873 (S.D.N.Y. July 26, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized the law: In order…

Read More Citing Failure to Report Sexual Harassment, Court Grants Summary Judgment to Defendant on Correction Officer’s Hostile Work Environment Claims
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In Falu v. Cty. of Orange, No. 16-CV-0448 (NSR), 2017 WL 2889513, at *6 (S.D.N.Y. June 30, 2017), the court held that the plaintiff – a female corrections officers – sufficiently alleged a failure-to-promote gender discrimination claim. The court summarized the legal framework for such a claim: As noted, Falu’s Amended Complaint can be construed…

Read More Female Corrections Officer Sufficiently Alleges Gender Discrimination (Failure to Promote)
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In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here…

Read More 2d Circuit, Citing Plaintiff’s “Unacceptable Behavior”, Affirms Dismissal of Doctor’s Discrimination Claims
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In Phillips v. Central New York Psychiatric Center, No. 16-cv-0219, 2017 WL 2869938 (N.D.N.Y. July 5, 2017), the court articulated and applied the legal framework for evaluating comments as evidence of unlawful discrimination. The court explained: Verbal comments provide evidence of discriminatory intent when the plaintiff shows that a nexus exists between the allegedly discriminatory…

Read More Race/Gender Discrimination Claims Dismissed; “Sloppy” Remark Was Not Race-Based
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In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions…

Read More Court Dismisses Sex Discrimination, Age Discrimination, Retaliation, and Hostile Work Environment Claims Against Honeywell
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