Gender Discrimination

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

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

In Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…

Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of Lawsuit

In Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen…

Read More Sexual Harassment and Other Claims Discontinued Against Predecessor Entity

In Russell v. Aid to Developmentally Disabled, Inc., 17-3417 (2d Cir. Oct. 18, 2018) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s gender discrimination claim under Title VII of the Civil Rights Act of 1964. Under that statute, “a plaintiff must first make out a prima facie case of discrimination by showing that…

Read More Citing Lack of Comparator Evidence, 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Case

A recent case, decided by the Eastern District of New York on October 17, 2018, illustrates what does – and, as relevant here, does not – qualify as a “hostile work environment.” The decision is Thompson v. MTA New York City Transit et al, 17-cv-5857, 2018 WL 5045762 (E.D.N.Y. Oct. 17, 2018). The court outlines…

Read More Hostile Work Environment Claim Dismissed; While “Tasteless and Offensive”, Messages Were Not Related to a Protected Class

In Menaker v. Hofstra University, 17-cv-5562, 2018 WL 4636818 (E.D.N.Y. Sept. 26, 2018), the court granted defendant’s motion, under Federal Rule of Civil Procedure 12(b)(6), to dismiss plaintiff’s gender discrimination complaint against Hofstra University. In sum, defendant fired plaintiff (defendant’s Director of Tennis and Head Coach of men’s and women’s varsity tennis teams) for “unprofessional conduct”…

Read More Court Dismisses Hofstra Tennis Director’s Gender Discrimination Complaint Dismissed; Misconduct Allegations, Not Gender, Were Reason for Termination

In a recently-filed lawsuit, the U.S. Equal Employment Opportunity Commission asserts that a well-known restaurant, Christini’s, created, permitted, and encouraged a sex-based hostile work environment for a female bartender – including that the owner propositioned her for dates, subjected to sexual innuendo, and told to dress “sexy” and “date ready” – and then terminated her…

Read More EEOC Sues Christini’s Ristorante Italiano for Gender Discrimination

In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography