Gender Discrimination

In Johnson v IAC/Interactivecorp., No. 155837/2014, 2018 WL 3536599, 2018 N.Y. Slip Op. 31720(U) (Sup Ct, New York County July 16, 2018), the court, inter alia, dismissed plaintiff’s claim for gender discrimination. This case illustrates, among other things, that when assessing employment discrimination claims, context counts. From the decision: It is significant here that plaintiff was…

Read More “College Humor” Gender Discrimination Claim Dismissed

In Garcia v. The Comprehensive Center, LLC et al, 17-CV-8970, 2018 WL 3918180 (S.D.N.Y. Aug.16, 2018), the court, inter alia, granted plaintiff’s motion for default judgment on her race and gender discrimination (constructive discharge) claims. Plaintiff’s allegations are, to say the least, shocking: For the last two years of her employment, Garcia suffered increasingly abusive treatment…

Read More Default Judgment Granted as to Race, Gender Discrimination (Constructive Discharge) Claims

In a recently-filed lawsuit, captioned Kelly Cahill et al v. Nike, Inc. (U.S. District Court for the District of Oregon, Index No. 18-cv-01477, filed August 9, 2018), the plaintiffs (individually and on behalf of others similarly situated) allege gender discrimination under the federal Equal Pay Act, 29 U.S.C. § 206(d) and related state laws (the…

Read More Just Sue It: Gender Discrimination Lawsuit Against Nike

In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim

In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; “Sporadic Hostile Behavior” Insufficient

In Suri v. Grey Global Group, Inc., 2018 NY Slip Op 05627 (App. Div. 1st Dept. August 2, 2018), the Appellate Division, First Department, modified a lower court decision, finding that summary judgment was improperly granted to defendant on plaintiff’s sexual harassment claim under the NYC Human Rights Law.[1]It nonetheless agreed that the lower court properly…

Read More Hostile Work Environment / Sexual Harassment Claim Under the NYC Human Rights Law Resurrected From Summary Judgment Dismissal

Manhattan Supreme Court Justice Robert Reed recently denied defendant Paul Haggis’ motion to dismiss plaintiff Haleigh Breest’s complaint, in which she alleges a single cause of action – for violation of the “Victims of Gender-Motivated Violence Protection Act” (VGMVPA), codified at § 8-901 et seq. of the New York City Administrative Code – based on an alleged…

Read More Court Denies Paul Haggis’ Motion to Dismiss Plaintiff’s Claim Under the “Victims of Gender-Motivated Violence Protection Act”

In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…

Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory Animus

In Caddick v. Personnel Co. I LLC, 16-cv-7326, 2018 WL 3222520 (S.D.N.Y. June 29, 2018), the court dismissed plaintiff’s Title VII claims of gender and national origin discrimination claims because they were not properly “exhausted” at the Equal Employment Opportunity Commission (EEOC). The court explained: In Plaintiff’s Second Amended Complaint, she has asserted that she was…

Read More Court: Discrimination Claims Must Be Separately Exhausted at the EEOC