Sex / Gender Discrimination

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In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…

Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish Baths
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In Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…

Read More NYS Human Rights Law Claims Fail Under Federal Pleading Standard
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On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…

Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al
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In Garcia v. Barclays Capital, Inc., et al, 13-cv-5308, 2017 WL 5499789 (S.D.N.Y. Nov. 15, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s employment discrimination claims. The court reached this decision by, inter alia, applying the so-called “same actor inference.” That doctrine provides that “the person who made the decision to…

Read More Court Applies “Same Actor Inference” in Dismissing Latina Woman’s Employment Discrimination Claims Against Barclays
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In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower…

Read More Whistleblower, Discrimination, and Hostile Work Environment Claims Survive Dismissal
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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In George Ful Ninying v. Fire Department, City of New York, 17-cv-688, 2017 WL 4570784 (E.D.N.Y. Oct. 11, 2017), the court dismissed – as insufficiently pled – plaintiff’s employment discrimination claims for failure to state a claim. Initially, the court explained that plaintiff sued the wrong entity (the FDNY). Specifically, the FDNY may not be…

Read More Employment Discrimination Claims Dismissed Against FDNY
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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On September 26, 2017, the U.S. Court of Appeals for the Second Circuit heard oral argument in the case of Zarda v. Altitude Express, Case No. 15-3775. At issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination “because of … sex” extends to sexual orientation. One of the interesting aspects…

Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case
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In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also…

Read More Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected
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