Sexual Orientation / LGBTQ Discrimination

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From Thygesen v. N. Bailey Volunteer Fire Co., No. 16-00775, 2017 WL 2491451, at *2 (N.Y. App. Div. June 9, 2017): [P]laintiff is not required to prove his claim to defeat summary judgment” (Ferrante, 90 N.Y.2d at 630). Rather, “[t]o defeat a properly supported motion for summary judgment in [a sexual orientation] discrimination case, plaintiff[ ]…

Read More Sexual Orientation Employment Discrimination Claim Survives Summary Judgment
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In Zarda v. Altitude Express (2d Cir. No. 15-3775 April 18, 2017), the Second Circuit – in a per curiam opinion issued by a panel comprising Judges Jacobs, Sack, and Lynch – affirmed the summary judgment dismissal of a gay man’s claim that his employer terminated him because of his sexual orientation, in violation of…

Read More 2d Circuit En Banc Panel to Consider Sexual Orientation Discrimination Claims Under Title VII
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In [Plaintiff][1]Name redacted by blog post author, at plaintiff’s request. v. State of New York, No. 16 CIV. 6778 (AKH), 252 F.Supp.3d 313, 2017 WL 1750398 (S.D.N.Y. May 3, 2017) (J. Hellerstein), the court denied defendant’s motion to dismiss plaintiff’s claims for sexual orientation discrimination, hostile work environment, and retaliation under Title VII of the Civil…

Read More Title VII Sexual Orientation Discrimination Claim Survives Motion to Dismiss
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In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Read More Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged
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The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it…

Read More 7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII
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In Christensen v. Omnicom Group Inc., No. 16-748, 2017 WL 1130183 (2d Cir. Mar. 27, 2017), the Second Circuit overturned a lower court decision that dismissed (under Federal Rule of Civil Procedure 12(b)(6)) the discrimination claim by plaintiff, an openly gay man, under Title VII of the Civil Rights Act of 1964. In sum, the Second…

Read More Second Circuit Permits Gay Man’s Title VII Discrimination Case to Proceed on Gender Stereotyping Theory
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In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which…

Read More SDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on Title VII Sexual Orientation Discrimination (Stereotyping) Claim Pending Second Circuit Rulings
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On January 17, 2017, the Second Circuit heard oral argument (audio here) in the case of Christiansen v. Omnicom Group.   This is an appeal of Southern District of New York Judge Lori Failla’s Opinion and Order in Christiansen v. Omnicom Group Inc., 15-cv-3440, 167 F. Supp. 3d 598 (SDNY March 9, 2016), which dismissed plaintiff’s…

Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case
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In Andaya v. Atlas Air, Inc., 2017 NY Slip Op 00141 (App. Div. 2d Dept. Jan. 11, 2017), the Appellate Division, Second Department affirmed the lower court’s order[1]Andaya v. Atlas Air, Inc., NY Sup. Ct., Westchester Cty., Index No. 58877/2012, Sept. 25, 2014 granting defendant summary judgment on plaintiff’s claims of sexual orientation discrimination and retaliation…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination and Retaliation Claims
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From James v. City of N.Y., No. 157296/14, 2016 WL 6637734 (N.Y. App. Div. 1st Dept. Nov. 10, 2016): Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination…

Read More Correction Officer Sufficiently Alleges Sexual Orientation Discrimination Under the NYC Human Rights Law
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