Sex / Gender Discrimination

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In a recent case, Banks v. General Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment dismissal of plaintiff’s race- and sex-based discrimination and hostile work environment claims. From the decision: In this case, plaintiff-appellant Billie R.…

Read More 2nd Circuit Revives Claims of Race and Sex Discrimination, Hostile Work Environment
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In Ward v. Cohen Media Publications LLC et al, Case No. 1:22-cv-06431 (JLR), 2023 WL 5353342 (S.D.N.Y. August 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sex- and religion-based discrimination. As to her claims of sex discrimination, the court explained: Turning first to her claims for sex discrimination, Plaintiff…

Read More Sex Discrimination Claims Sufficiently Alleged Against Cohen Media Publications, Court Holds
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In Silvers v Jamaica Hospital, No. 2021-00446, 620936/19, 2023 N.Y. Slip Op. 03938, 2023 WL 4751994 (N.Y.A.D. 2 Dept., July 26, 2023), the court reversed a lower court determination dismissing plaintiff’s claims of sex discrimination asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s discrimination claims as follows: The…

Read More Sex Discrimination Claims Sufficiently Alleged Against Jamaica Hospital
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In McIntosh v City of New York, No. 505675/2022, 2023 N.Y. Slip Op. 50761(U), 2023 WL 4753854 (N.Y. Sup. Ct. Kings Cty. July 10, 2023), the court, inter alia, granted defendant’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision operates as a…

Read More Hostile Work Environment Claims Dismissed Against the City of New York
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In Goodson v. County of Plumas et al, 2023 WL 4678990 (E.D.Cal. July 21, 2023), the court, inter alia, held that plaintiff proved that she was subjected to sexual harassment under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act – but that, as noted below, defendants…

Read More Sexual Harassment Claims Survive, in Part; Evidence Included Sexual Comments and Touching
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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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In Julie Richmond v. Alan J. Sorensen, 22 CV 10075 (VB), 2023 WL 4239083 (S.D.N.Y. June 28, 2023), the court denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment. After summarizing the black-letter law – and noting that where, as here, the “color of…

Read More Sex Discrimination Claim Plausibly Alleged by Upstate Official
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In Hill v. Oak Street Health MSO LLC, 2023 WL 4206065 (E.D.Mich. June 27, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case concerns Title VII’s “administrative exhaustion” requirement, which the court explained as follows: Congress provided the EEOC with…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; EEOC Charge Included Only Claim Based on Discrete Acts
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: At this early stage of the litigation,…

Read More Sex/Gender Discrimination Claims Sufficiently Alleged; Comments Included “Calendar Girl” Remark
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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