Sex / Gender Discrimination

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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Parker v. Israel Discount Bank of New York, Inc., No. 21-CV-7196 (VEC), 2022 WL 16833626 (S.D.N.Y. Nov. 9, 2022), the court discussed and applied the “administrative exhaustion” requirement for asserting a claim in court under Title VII of the Civil Rights Act of 1964. Specifically, it denied plaintiff’s motion to amend her complaint to…

Read More “Passing References” to Gender in EEOC Charge Insufficient to Exhaust Administrative Remedy; Leave to Amend Complaint Denied as Futile
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In Hester v. Board of Education of Prince George’s Cnty., Civil Action No. TDC-22-0128, 2022 WL 7088293 (D.Md. October 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. As to whether the alleged…

Read More Teacher’s Title VII Sex/Sexual Orientation-Based Hostile Work Environment Claim Survives Dismissal
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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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In Fugarino v. Milling, Benson, Woodward LLP, No. 21-594, 2022 WL 6743191 (E.D.La. Oct. 11, 2022), the court, inter alia, denied defendant’ motion on plaintiff’s claim of a sex/pregnancy-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s proof, at least in part, as follows:…

Read More Sex/Pregnancy Hostile Work Environment Claim Survives Summary Judgment Against Louisiana Law Firm
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In Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…

Read More National Origin, Sexual Harassment Claims Reinstated Against Con Edison
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In White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOA
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In Henrich v. Henkels & McCoy, Inc. et al, No. 20-6281, 2022 WL 3701969 (E.D.Pa. Aug. 26, 2022), the court held that plaintiff presented sufficient evidence for a reasonable jury to infer that she was subjected to severe or pervasive gender discrimination that gave rise to a hostile work environment in violation of Title VII of…

Read More Gender-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Holding Plaintiff to Standards Inapplicable to Men
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In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
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