Sex / Gender Discrimination

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In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over…

Read More Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility
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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
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In Watkins v. First Student, Inc., 2018 WL 1135480 (S.D.N.Y. Feb. 28, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here, those claims faltered – as many do – because the alleged “hostility” was not due to plaintiff’s protected class(es). From the decision: Taking the allegations of the Complaint, the May…

Read More Hostile Work Environment Claims Against First Student, Inc. Fail Due to Lack of Connection Between Alleged Bullying Etc. and Protected Class(es)
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In Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the…

Read More Public Accommodation Sexual Harassment is Actionable Under the NYC Human Rights Law, Court Holds
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In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President…

Read More Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen
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On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or]…

Read More Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”
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One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…

Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge Claims
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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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