Sexual Orientation / LGBTQ Discrimination

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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Mera et al v. SA Hospitality Group, LLC et al, No. 23 CIV. 3492 (PGG) (SDA), 2025 WL 3202080 (S.D.N.Y. Nov. 17, 2025) – in which plaintiff asserts claims of hostile work environment sexual harassment under the New York State and City Human Rights Laws, as well as wage & hour violations under the…

Read More EFAA Applies to Entire Case, Including Wage & Hour Claims; Motion to Compel Arbitration of FLSA & NYLL Claims Reversed
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In McConkey v. The Churchill School and Center, 24-cv-6091 (LJL), 2025 WL 2062195 (S.D.N.Y. July 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual orientation discrimination asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: Given Plaintiff’s minimal burden at the motion…

Read More Sexual Orientation Discrimination Claims Survive Dismissal
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In a unanimous opinion issued today (authored by Justice Jackson), Ames v. Ohio Dept. of Youth Services, No. 23-1039, the U.S. Supreme Court vacated a lower court opinion, holding that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of discrimination at the…

Read More SCOTUS Rejects Heightened Evidentiary Standard in “Reverse Discrimination” Cases
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In Vannier v. New York State Department of Corrections and Community Services et al, 2025 WL 345807 (N.D.N.Y. Jan. 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a transgender man who worked…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Include Assignment to Unsuitable Workspace
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In Ripoli v. Department of Human Services, Office of Veterans Services, No. 23-1970, 2024 WL 5116941 (1st Cir. Dec. 16, 2024), the U.S. Court of Appeals for the First Circuit, inter alia, vacated the lower court’s order granting summary judgment to the defendant on plaintiff’s disparate treatment discrimination claims. From the decision: Our inquiry begins…

Read More First Circuit Vacates Summary Judgment for Defendant on Title VII Sex & Sexual Orientation Discrimination Claims; Fact issues Existed as to Whether Reorganization Was Pretextual
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In Longchamp v. Equinox Holdings Co., Inc., No. 153431/2021, 2024 WL 4041714 (N.Y. Sup Ct, New York County Sep. 04, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of gender and sexual orientation-based hostile work environment under the New York City Human Rights Law. This case is a good…

Read More Sex-Based Hostile Work Environment Claim Under NYC Human Rights Law Survives Summary Judgment
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In Meckeler v. Cornell University et al, 2024 WL 3535488 (N.D.N.Y. July 25, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on sexual orientation. From the decision: As Defendants argue, Plaintiff was able to outline many events in detail. For example, she laid out a verbatim conversation wherein…

Read More Sexual Orientation Claims Dismissed; Court Cites Absence of Detail Regarding “Derogatory Behavior” Referencing Sexual Orientation or “Gay Stereotypes”
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In Floyd v. Jewish Bd. of Family and Children’s Services, No. 155925/2019, 2024 WL 1096320 (N.Y. Sup Ct, New York County Mar. 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of hostile work environment based on plaintiff’s sexual orientation, in violation of the New York City Human Rights…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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