Sexual Orientation / LGBTQ Discrimination

In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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In Raji v SG Americas Securities, LLC, No. 12583, 2020 N.Y. Slip Op. 07475, 2020 WL 7250251 (N.Y.A.D. 1 Dept., Dec. 10, 2020) – an employment discrimination (based on sexual orientation) case – the Appellate Division, First Department held that plaintiff’s claims, in part, were not barred on statute of limitations grounds. The court’s decision…

Read More Dismissal of Federal Action in Sexual Orientation Discrimination Case Did Not Render Ensuing State Action Untimelys Not Untimely
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to retaliation (for complaining of discrimination and harassment based on his sexual orientation) in violation…

Read More Retaliation Claim Against NYC Housing Authority Survives Summary Judgment
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to discrimination and harassment based on his sexual orientation in violation of the New York…

Read More Sexual Orientation Discrimination / Harassment Claim Against NYC Housing Authority Survives Summary Judgment
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In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on perceived sexual orientation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. (I addressed the court’s…

Read More Plaintiff Sufficiently Alleges Sexual Orientation Discrimination Against Leg Apparel et al
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Today, in Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020) (J. Gorsuch),[1]This case was decided together with Altitude Express, Inc. v. Zarda, No. 17-1623 (Second Circuit) and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (Sixth Circuit). the U.S. Supreme Court held that the prohibition of discrimination based on “sex”…

Read More U.S. Supreme Court Rules 6-3 That Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal
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In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…

Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds
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Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case
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