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Gender Discrimination

In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading, […]

In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid […]

In Edwards v. Nicolai, 2017 NY Slip Op 06235 (App. Div. 1st Dept. Aug. 22, 2017), the court modified a lower court’s Order (issued by Judge Shlomo Hagler) dismissing plaintiff’s causes of action for gender discrimination in violation of the New York State and New York City Human Rights Laws, to deny defendant’s motion as to those […]

In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also […]

In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed summary judgment in defendant’s favor on plaintiff’s employment discrimination and retaliation claims. As to the discrimination claims, the court explained: Substantially for the reasons stated by the District Court, we conclude […]

In Jenkins v. NYC Transit Authority, 2017 WL 3207093  (N.Y. Sup. Ct. Index 153761/13 July 28, 2017), the court denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment/hostile work environment claims under the New York City Human Rights Law (NYCHRL). Plaintiffs, three female bus operators employed by the Manhattan and Bronx Surface Transit Operating […]

In Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue […]

In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court discussed and applied the “continuing violation” doctrine/exception under Title VII of the Civil Rights Act of 1964. (I addressed other aspects of this case, including the court’s dismissal of plaintiff’s “perceived as Muslim” discrimination claim, here.) The court summarized […]

In Russell v. Cty. of Rockland, No. 15CV4296, 2017 WL 3189873 (S.D.N.Y. July 26, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized the law: In order […]

In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff – a woman of Asian descent – alleged that “defendant has wrongly sided with, and failed to take corrective action against, plaintiff’s co-workers and supervisors, who […]