Pregnancy Discrimination

In Shkolnikova v. DeJoy, 18-CV-6400 (MKB), 2022 WL 3358077 (E.D.N.Y. August 15, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964. Applying the McDonnell-Douglas burden-shifting framework, the court found that plaintiff presented a prima facie case…

Read More Assistant Mail Carrier’s Pregnancy Discrimination Claim Survives Summary Judgment
Share This:

In McKenna v. Santander Investment Securities, Inc. et al, 21cv941 (DLC), 2022 WL 2986588 (S.D.N.Y. July 28, 2022), the court, inter alia, held that plaintiff’s pregnancy discrimination claim (in part) survived summary judgment. Here, plaintiff alleged pregnancy discrimination based on two pregnancies, one in 2019, and one in 2020.  The court reached different decisions regarding…

Read More Pregnancy Discrimination Claim Survives Summary Judgment (In Part) Against Santander Investment Securities
Share This:

In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of discrimination based on gender and familial/caregiver status in violation of the New York State and City Human Rights Laws. After determining that plaintiff…

Read More Sex/Gender, Pregnancy, Familial/Caregiver Status Discrimination Claims Survive Dismissal: Pittman v. Yantiss et al
Share This:

In Lefort v. Kingsbrook Jewish Medical Center, No. 2019-08796, 505520/14, 2022 N.Y. Slip Op. 01294, 2022 WL 610080 (N.Y.A.D. 2 Dept., Mar. 02, 2022), the New York Appellate Division, Second Department reversed a lower court’s Order granting summary judgment to defendant on plaintiff’s claims of pregnancy discrimination (a form of sex/gender discrimination) under the New…

Read More Pregnancy Discrimination Case Survives Summary Judgment; Termination, Rehire With Diminished Responsibilities Followed Maternity Leave Return
Share This:

In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
Share This:

In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
Share This:

In Thompson v. Americare, Inc., No. 503679/2019, 2021 WL 4654619 (N.Y. Sup Ct, Kings County Sep. 23, 2021), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s disclosure to Martinez of her pregnancy is a protected activity…

Read More Retaliation Claim, Arising From Pregnancy Disclosure, Survives
Share This:

In Zuckerman v. GW Acquisition LLC d/b/a G&W Industries et al, 20-CV-8742, 2021 WL 4267815 (S.D.N.Y. Sept. 20, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment claims. From the decision: The Court finds that Plaintiff has pled sufficient facts to indicate that the three elements of a hostile…

Read More Pregnancy-Related Hostile Work Environment Claims Survive Motion to Dismiss; Allegations Included Lactation Comments
Share This:

In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
Share This:

In Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/20, 2021 WL 1883632 (N.Y. Sup Ct, New York County May 07, 2021), the court denied defendants’ pre-answer to dismiss plaintiff’s pregnancy discrimination claim asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations as follows: In July 2018, plaintiff…

Read More Pregnancy Discrimination Claim Against Deloitte Touche Tohmatsu Services Survives Dismissal
Share This: