Sexual Orientation / LGBTQ Discrimination

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One way to prove discrimination is by introducing evidence of negative comments pertaining to the plaintiff’s protected class or about others in the plaintiff’s protected class. But what if some, or all, of the derogatory comments are not directly perceived by the harassment victim? That is one of the issues addressed by the Southern District…

Read More Secondhand “Incendiary” Comments Regarding Sexual Orientation Sufficient to State Hostile Work Environment Claim
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In Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…

Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports Club
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In Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…

Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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In Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and…

Read More Court Dismisses Defamation and False Light/Privacy Claims Brought By Alleged Harasser Against Law Professor
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In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
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In a recent decision, the Southern District of New York recently denied defendant UBS Financial Services’ motion for summary judgment on plaintiff’s claims that she was terminated in retaliation for complaining about a co-worker’s sexist comment, and because of her revelation that she is gay. Shortly before plaintiff’s termination, plaintiff told the company that she had…

Read More Retaliation and Sexual Orientation Discrimination Claims Continue Against UBS
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In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
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Below and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…

Read More “Reverse” Discrimination Case Against Heterosexual Teacher
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