Sex / Gender Discrimination

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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, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…

Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” Dismissed
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The “Jerk Boss” is a stock character of the American workplace; one would be hard-pressed to find someone who has not experienced (or a work-centric fictional setting that does not include at least) one. And what is more indicative of a “hostile” workplace than a boss who loudly uses profanity and insulting language at work? Such…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Profane, Insulting Language Insufficient
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In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
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In Gray v. Koch Foods, Inc. et al, 2022 WL 141533 (M.D.Ala. Jan. 14, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The facts at issue here do not…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was Sufficiently “Severe” Even if Not “Pervasive”
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In Doe v. Benjamin Zaremski M.D., P.C. et al, 21 Civ. 3187 (ER), 2022 WL 2966041 (S.D.N.Y. July 27, 2022), the court held that the applicable standard for making our a claim under the New York City Human Rights Law’s “public accommodation discrimination” provision, N.Y.C. Admin. Code § 8-107(4), is that the aggrieved person was…

Read More Court Broadly Interprets the NYC Human Rights Law’s Public Accommodation Discrimination Provisoin
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In Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For Termination
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In Park v. Kurtosys Sys., Inc., 2022 NY Slip Op 04129 (N.Y. App. Div. 1st Dept. June 28, 2022), the court unanimously affirmed the lower court’s (Judge Kotler) order granting defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging discrimination and retaliation under the New York State and City Human Rights Laws. From the decision:…

Read More Gender Discrimination Dismissal Affirmed; Court Held That Poor Performance Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In Del Villar v. Hyatt Hotel Corporation et al., 19-CV-10891 (JMF), 2022 WL 2316205 (S.D.N.Y. June 28, 2022), the court granted Hyatt’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed Against Hyatt Hotel Corporation
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In Jaiteh v. Whole Foods Market Group, Inc., No. 154251/2021, 2022 WL 2191385 (N.Y. Sup Ct, New York County June 17, 2022) the court, inter alia, dismissed plaintiff’s race discrimination claims, asserted under the New York State and City Human Rights Laws, against defendant Whole Foods Market Group. Here are the facts, as summarized by…

Read More Race, Gender Discrimination Claims Dismissed Against Whole Foods
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