Sexual Orientation / LGBTQ Discrimination – Page 9

March 18, 2016 by mjpospis

Court Declines to Extend Title VII to Cover Discrimination Based on Sexual Orientation

In Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…

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January 16, 2016 by mjpospis

Court Upholds NYSDHR Determination That Liberty Ridge Farm Engaged in Public Accommodation Discrimination on the Basis of Sexual Orientation by Refusing to Host Same-Sex Wedding Ceremony and Reception

In Matter of Gifford v Mccarthy, 2016 NY Slip Op 00230 (App. Div. 3d Dept. Jan. 14, 2016), the Appellate Division, Third Department held that the NYS Division of Human Rights properly found an upstate farm guilty of an unlawful discriminatory practice based on sexual orientation. This decision provides useful guidance on, among other things, what…

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December 30, 2015 by mjpospis

Court Denies Attorney Fees to Prevailing Defendant in Sexual Orientation Discrimination Case

In Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who…

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December 4, 2015 by mjpospis

Plaintiff Sufficiently Alleges False Claims Act and Sexual Orientation Discrimination (Hostile Work Environment) Claims Against NYU Langone Medical Center

In Malanga v. NYU Langone Med. Ctr., No. 14CV9681, 2015 WL 7019819, (S.D.N.Y. Nov. 12, 2015), the Southern District of New York held that plaintiff sufficiently alleged her claims of retaliation under the False Claims Act and sexual orientation discrimination (hostile work environment) under the NYC Human Rights Law (NYCHRL). Here is her amended complaint. False…

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September 24, 2012 by mjpospis

“No Gay Weddings” Restaurant Gets Sued

Below is the complaint – captioned Greene et al v. Amber Asian Cuisine Inc., NY Sup. Ct. Index 156387/2012 (filed 9/14/12) – in which plaintiffs allege that Amber Asian Cuisine refused to allow Plaintiffs, a gay couple, to hold their rehearsal dinner at, and have their wedding catered by, the restaurant.

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