Sex / Gender Discrimination

by

In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which…

Read More SDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on Title VII Sexual Orientation Discrimination (Stereotyping) Claim Pending Second Circuit Rulings
Share This:
by

In In the Matter of Shannon Scheuneman v. NYS Div. of Human Rights and Town of Tonawanda, No. TP 16-00820, 2017 WL 539266 (N.Y. App. Div. 4th Dept. Feb. 10, 2017), the Appellate Division unanimously confirmed, under N.Y. Executive Law § 298, a determination by the New York State Division of Human Rights that the…

Read More Allegation of “Anti-Female Bias” Insufficient to Overturn State Division of Human Rights Dismissal of Gender Discrimination Claim
Share This:
by

In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
Share This:
by

In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court granted defendants’ motion for summary judgment as to various discrimination claims (including based on plaintiff’s gender, age, and religion), but denied it in part with respect to her FMLA retaliation claim. Here I’ll focus on the court’s…

Read More FMLA Retaliation Claim Survives Summary Judgment (In Part)
Share This:
by

In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…

Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights Law
Share This:
by

Both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963 prohibit – in addition to discrimination based on specified criteria/characteristics – “retaliation” for engaging in “protected activity”. In certain cases, “protected activity” can be the litigation itself. In the matter of Kerrie Campbell v. Chadbourne & Parke LLP,…

Read More Counterclaim Alleged to be Retaliatory in Gender Discrimination Class Action Lawsuit Against Chadbourne & Parke Law Firm
Share This:
by

In a lawsuit filed on January 5, 2017 captioned Heffernan v. Delta Airlines et al (N.Y. Sup. Ct. N.Y. Cty. Index 150092/2017), plaintiffs allege, inter alia, that their “mentor” (Delta employee) Mike Keve exposed himself and masturbated at work and that they were terminated in retaliation for complaining about it, in violation of the New…

Read More Sexual Harassment Lawsuit Against Delta Airlines Features “Masturbating Mentor”
Share This:
by

In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
Share This:
by

We’ve seen one judge warn a lawyer not to call their adversary an “asshole” in private correspondence. Now we have a decision imposing a $4,700 fine/sanction on a lawyer for (e.g.) calling their adversary a “racist” during a deposition. In Scott-Iverson v. Indep. Health Ass’n, Inc., No. 13-CV-451V(F), 2016 WL 7320067 (W.D.N.Y. Dec. 15, 2016), the…

Read More Court Imposes $4,700 Fine on Lawyer For (e.g.) Calling Adversary a “Racist” During Employment Discrimination Deposition
Share This:
by

In McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA) claim arising out of her employment as a Human Resources Manager. The court summarized the law applicable to plaintiff’s unequal pay claims under the…

Read More Equal Pay Act Claim Survives Summary Judgment, Continues Against Xerox
Share This: