Gender Discrimination

In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds

From NICOLE VITALE, Plaintiff, v. EQUINOX HOLDINGS, INC., Defendant., 2019 WL 2024504, at *6–7 (S.D.N.Y., 2019): [C]omments that the plaintiff was “too emotional” or reference to her as “young lady” made almost two years before her termination are insufficient to establish an inference of gender discrimination. “Verbal comments constitute evidence of discriminatory motivation when a…

Read More Gender Discrimination Claims Against Equinox Dismissed; “Too Emotional” Comment Too Remote in Time

In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer

In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination

From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior

In Chau v. Ryan Donovan, Granger Management LLC et al, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court (inter alia) held that a non-NYC resident met the geographic requirement of the the NYC Human Rights Law. The court explained that “[i]n order for a nonresident to invoke the protections of the … NYCHRL, she must…

Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court Holds

The recently-released “On the Basis of Sex” – which chronicles the early professional life of liberal icon Ruth Bader Ginsburg – is centered on Justice Ginsburg’s involvement with a litigation that set the stage for the legal battle for gender equality. That case – Charles E. Moritz v. Commissioner of Internal Revenue, 469 F.2d 466…

Read More Moritz v. IRS: The Tax Case at the Center of the Ruth Bader Ginsburg Origin Story

In Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…

Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court Notes