Sex / Gender Discrimination

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In Margarita v Mountain Time Health, LLC, No. 2023-07450, 527470/22, 2025 N.Y. Slip Op. 04089, 2025 WL 1888542 (N.Y.A.D. 2 Dept., July 09, 2025), the New York Appellate Division, Second Department, affirmed the lower court’s order granting defendants’ motion to dismiss plaintiff’s gender-based discrimination under the New York State and Human Rights Laws. From the…

Read More Citing Other Employees’ Contemporaneous Termination, 2nd Dept. Upholds Dismissal of Employment Discrimination Claims
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In Spann v. FedEx Freight, Inc., 2025 WL 1938355 (5th Cir. July 15, 2025), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: A hostile work environment claim is composed of a series…

Read More Race, Gender Hostile Work Environment Claims Properly Dismissed: Fifth Circuit
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In Pankonin v. Southeast Community College Area, 4:24-CV-3229, 2025 WL 1898086 (D.Neb. July 9, 2025), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized the facts, and explained its application of the law to said…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Unwanted Touching and Explicit Sexual Propositioning
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In Farmer v. Mizuho Securities USA LLC, No. 151348/2024, 2025 WL 1786172 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s allegations of retaliation under the New York State and City Human Rights Laws. From the decision: Plaintiff alleged that in early December 2020 and…

Read More Retaliation Claims Survive Dismissal, Allegations Included Acceptance of “Resignation” Following Complaints of “Sexist Attitude” Under NYS and NYC Human Rights Laws
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In Brantley v. American Airlines, Inc., 2025 WL 1837472 (D.Nev. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race, color, or gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Brantley’s complaint also contains a Title VII discrimination claim on the theory…

Read More Race, Color, Gender Discrimination Claims Dismissed Against American Airlines; Plaintiff Granted Leave to Amend Complaint
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In Shinn v. Pennsylvania School Boards Association, CIVIL NO. 1:23-cv-02097, 2025 WL 1839494 (M.D.Pa. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Shinn’s alleged workplace harassment was neither…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Leave to Amend Complaint Granted
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In Kay v. Banchik, No. 654454/2023, 2025 WL 1707867 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, held that plaintiff failed to state age and gender discrimination claims under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss Plaintiff’s remaining allegations for failure…

Read More Age, Sex Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, Dismissed
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In Baxter v. Swiftshift Inc., 24cv6241 (DLC), 2025 WL 1677712 (S.D.N.Y. June 13, 2025), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment, under the New York State and City Human Rights Laws, because of her sex and domestic violence victim status. From the decision: Baxter has also stated a…

Read More Hostile Work Environment Claims, Based on Sex and Domestic Violence Victim Status, Survive Dismissal
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In a unanimous opinion issued today (authored by Justice Jackson), Ames v. Ohio Dept. of Youth Services, No. 23-1039, the U.S. Supreme Court vacated a lower court opinion, holding that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of discrimination at the…

Read More SCOTUS Rejects Heightened Evidentiary Standard in “Reverse Discrimination” Cases
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to state a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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