Sex / Gender Discrimination

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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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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
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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
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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
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In a recently-filed New York state court complaint, captioned Bardiovsky v. Byo Co. d/b/a EN Japanese Brasserie (NY Sup. Ct. NY Cty. 155558/2017 June 19, 2017), plaintiff alleges (inter alia) that “celebrity chef” Abe Hiroki “regularly made sexually suggestive comments to Plaintiff”, “told Plaintiff to touch a vegetable that he said looked like a vibrator”,…

Read More Sexual Harassment Lawsuit Against EN Japanese Brasserie and “Celebrity Chef” Abe Hiroki
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In Barone v. Emmis Communications Corp., 2017 NY Slip Op 04787 (App. Div. 1st Dept. June 13, 2017), the court reversed the lower court’s order granting defendants’ motion for summary judgment on her gender discrimination claim. (I wrote about the lower court’s decision here.) The court wrote: As ostensibly nondiscriminatory reasons for terminating plaintiff, defendants pointed to…

Read More Gender Discrimination Claim Survives Summary Judgment; Issues of Fact Existed as to Pretext
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In a recent filing, petitioner Alexis Berger seeks confirmation under Section 9 of the Federal Arbitration Act (9 U.S.C. sec. 9) of an Arbitrator’s Award – totaling $40,925,284.20 – on her claims of gender discrimination, retaliation, unequal pay, and breach of the implied covenant of good faith and fair dealing against her former employer Kargo…

Read More Former Kargo Global Employee Alexis Berger Seeks to Enforce $40 Million Arbitration Award in Gender Discrimination Case
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In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine…

Read More Age Discrimination Claim Sufficiently Alleged; Sex and National Origin Discrimination Claims Properly Dismissed
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From Gallagher v. AEG Mgmt. Brooklyn, LLC, No. 16-CV-4779, 2017 WL 2345658 (E.D.N.Y. May 30, 2017): Dasaro contends that Gallagher did not allege facts that the harassment he suffered was gender-based. ECF 28-1, Dasaro Memo of Law (“Dasaro MOL”), at pp. 4-8. The Court disagrees, and holds that the Complaint adequately pleads that Gallagher suffered…

Read More Male Plaintiff Sufficiently Alleges Gender Discrimination Under the NYC Human Rights Law
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In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
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