Sex / Gender Discrimination

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In a consent decree filed on March 24, 2016, plaintiff U.S. Equal Employment Opportunity Commission and defendants (various Mavis Tire entities and Cole Muffler) resolved plaintiff’s claims of gender discrimination (failure to hire). In its 2012 federal court complaint, the EEOC asserted that Defendants … failed to hire … qualified female applicants while hiring less qualified men for…

Read More $2.1 Million Consent Decree in Gender Discrimination/Failure to Hire Case Against Mavis Tire et al
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In a lawsuit captioned Batista v. Best Buy Stores, NY Sup Ct Index 151565-2016 (filed 2/25/16), plaintiff – a member of Best Buy’s “Geek Squad” – alleges that she was subjected to discrimination based on her gender and race. She asserts claims of gender discrimination, hostile work environment, constructive discharge, and retaliation. She alleges, among other things,…

Read More Sexual Harassment Lawsuit Against Best Buy
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In a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The complaint refers to “ConEd’s negative and stereotyped view of women…

Read More Sex Discrimination Lawsuit Against Con Edison
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In a recent complaint filed in the Southern District of New York, Moore v. Despont Studios LLC et al, 15-cv-00619, plaintiff – an architect and former employee of Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd. – asserts claims of gender discrimination, pregnancy discrimination, and retaliation. From her complaint: In stark contrast to its progressive…

Read More Lawsuit: Pregnancy/Gender Discrimination, FMLA Retaliation Allegations Against Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd.
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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In Lago v. Wen Management Corp., 2016 WL 165834 (N.Y. Sup. Qns. Jan. 8, 2016), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination, gender discrimination, and retaliation claims. The court held that plaintiff’s discrimination claims faltered at the first step of the analysis (i.e., he failed to demonstrate a prima…

Read More Replacement of Oldest Employee by Younger Employee Insufficient to Establish Age Discrimination
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In Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…

Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPS
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In Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…

Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination Claim
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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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