Sex / Gender Discrimination

by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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)
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From…

Read More Gender/Pregnancy Discrimination Claims Against Royal Bank of Canada Survive Summary Judgment
Share This:
by

In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
Share This:
by

In Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2017 NY Slip Op 05054 (App. Div. 1st Dept. June 20, 2017) – a gender discrimination lawsuit – the court unanimously affirmed the denial of defendant’s motion to amend his answer to assert counterclaims for defamation and defamation per se. From the decision: [D]efendant fails to state with particularity…

Read More Defamation Counterclaims Insufficiently Alleged in Gender Discrimination Suit Against Napoli Bern Firm
Share This: