Sexual Orientation / LGBTQ Discrimination

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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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In Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”
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In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…

Read More NYC Celebrates LGBT Pride
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In Kaplan-DiNola v. NYC Dept. of Education, 2019 WL 1779601 (S.D.N.Y. April 23, 2019) – a sexual orientation discrimination case – the court denied defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. In this case, plaintiff, a teacher who describes herself as “homosexual”, alleges (inter alia) that throughout her tenure as teacher at P.S.…

Read More Teacher’s Sexual Orientation Discrimination Claim Against the NYC Dept. of Education Survives Dismissal
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On Monday, April 22, 2019, the U.S. Supreme Court granted certiorari in several cases – including Altitude Express, Inc. et al v. Zarda, Melissa, et al. (17-1623), which originated in the Second Circuit. The Question Presented in the Zarda case, as set forth in that case’s certiorari petition (which I wrote about here) is: Whether…

Read More SCOTUS Agrees to Hear Title VII Sexual Orientation Discrimination Case
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In a recent decision, Wittmer v. Phillips 66 Company, 18-20251 (5th Cir. Feb. 6, 2019), the U.S. Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” does not protect against discrimination based on transgender status. In light of other…

Read More Fifth Circuit: Title VII Does Not Protect Against Transgender Discrimination
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In Walsh v. A.R. Walker & Co., Inc., No. 155009/16, 2018 WL 6505409, 2018 N.Y. Slip Op. 33159(U) (Sup Ct, New York County Dec. 07, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under the New York City Human Rights Law. In this case,…

Read More Sexual Orientation-Based Hostile Work Environment Claim Under the NYC Human Rights Law Survives Summary Judgment
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