Sex / Gender Discrimination

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In Casseus v. N.Y. Coll. of Health Professions, 15-cv-1914, 2016 WL 7029157 (E.D.N.Y. Nov. 10, 2016), report and recommendation adopted, 2016 WL 7017364 (E.D.N.Y. Dec. 1, 2016), the court dismissed plaintiff’s employment discrimination claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies with respect to her gender discrimination and hostile…

Read More Unasserted Gender Discrimination & Hostile Work Environment Claims Dismissed as Not Administratively Exhausted
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In 2015 I wrote a blog post about a Southern District of New York decision and order in a case captioned Varughese v. Mount Sinai Med. Ctr., No. 12-cv-8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015), which granted defendants’ motion for summary judgment and dismissed with prejudice all of plaintiff Dr. Leena Varughese’s claims…

Read More Bullying, Censorship, and Baseless Lawsuit Threats: Dr. Leena Varughese
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In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…

Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
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In Bliss v. MXK Rest. Corp., No. 16CV2676, 2016 WL 6775439 (S.D.N.Y. Nov. 14, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment, retaliation, and aiding-and-abetting discrimination claims. In her complaint, plaintiff – a bartender/manager at defendants’ Remix nightclub – alleged (among other things) that she was subjected to a hostile work…

Read More Remix Bartender’s Gender-Based Hostile Work Environment Claims Dismissed as Insufficiently Pled
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Donald J. Trump’s election is likely to be a major topic of discussion among many people, particularly at work. The topic of sex – including sexual harassment and sexual assault – has, one could say, dominated this election. While sex is no stranger to politics (see, e.g., Clinton/Lewinsky) this time seems … different. Examples include…

Read More Donald Trump, Sexual Harassment, and the Workplace
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
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In Conforti v. Sunbelt Rentals, Inc., No. 15-cv-5045, 2016 WL 4288699 (E.D.N.Y. Aug. 15, 2016), the court held  that the Plaintiff “satisfied the minimal showing required at this motion to dismiss stage to plausibly allege that the Defendant’s decision to terminate her employment … was motivated at least in part by a discriminatory reason.” Judge Spatt…

Read More Replacement By Men, Sexist Comments, Etc. Among Facts That Plausibly Alleged Gender Discrimination
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The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during…

Read More Proposed Legislation Aims to Prohibit Salary History Inquiries
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In Koss v. Strippit, Inc., No. 12-CV-486, 2016 WL 3963204 (W.D.N.Y. July 22, 2016), the U.S. District Court for the Western District of New York upheld the Magistrate Judge’s Report and Recommendation that defendant’s motion for summary judgment be granted and that plaintiff’s gender and disability discrimination claims be dismissed. This decision is instructive on how…

Read More Gender & Disability Discrimination Claims Dismissed; Denial of Training Was Not “Adverse Action” and Reduction-in-Force Termination Was Not Pretext
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