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Gender Discrimination

In Watkins v. First Student, Inc., 2018 WL 1135480, at *15 (S.D.N.Y. Feb. 28, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here, those claims faltered – as many do – because the alleged “hostility” was not due to plaintiff’s protected class(es). From the decision: Taking the allegations of the Complaint, […]

In Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the […]

In Cameron v. NYC Dept. of Education (S.D.N.Y. 15-cv-9900 Feb. 21, 2018), the court granted in part and denied in part defendants’ motion for summary judgment as to plaintiff’s pregnancy discrimination claims.

In Zarda v. Altitude Express, Inc. (2d Cir. 15-3775 Feb. 26, 2018) (en banc), decided today by an en banc (i.e., full) Second Circuit panel, held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” extends to sexual orientation. The court’s 69-page majority opinion aligns Second Circuit law with positions […]

In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President […]

A recent study (summary here, abstract here) indicates that plaintiffs bringing sex discrimination cases fare better when a female judge is assigned to the case. The summary lists the following “key findings”: Whenever a female judge is assigned to the case, plaintiffs are 6.7 percentage points more likely to settle and 7.1 percentage points more […]

On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or] […]

One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range […]

In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima […]