Pay Discrimination

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In Floyd v. New York Public Radio, 23-cv-1096 (ALC), 2024 WL 1407058 (S.D.N.Y. April 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of Pay Inequality under New York Labor Law § 194. The court summarized the black-letter law as follows: To establish an equal pay violation of the New York…

Read More Radio Host Jami Floyd’s Pay Discrimination Claim Under NY Labor Law 194 Survives Dismissal
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In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…

Read More Sex-Based Discrimination / Pay Disparity Claims Survive in Part
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In Brightman v. Physician Affiliate Group of New York, P.C. et al, 2021 WL 1999466 (S.D.N.Y. May 19, 2021) the court, inter alia, denied (in part) defendants’ motion to dismiss plaintiff’s sex discrimination claims. From the decision: At the motion to dismiss stage, Brightman plausibly alleges Title VII and NYSHRL sex discrimination claims arising from…

Read More Pay Discrimination Claims Survive, in Part, Against Physician Affiliate Group of New York
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In Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) (en banc), an en banc (i.e., full) panel of the U.S. Court of Appeals for the Ninth Circuit held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the “catchall” exception of the…

Read More Ninth Circuit Holds that Salary History May Not Justify Gender Pay Differential Under the Equal Pay Act [Rizo v. Yovino]
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In Dunn v. URS Corp., 2017 WL 5952704 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the lower court’s order granting summary judgment to defendant on plaintiff’s claims of discriminatory termination, denials of salary increases, and failure to rehire on the basis of race, in violation of Title VII of the Civil Rights…

Read More 2d Circuit Affirms Dismissal of Race Discrimination Claims; Inference of Discrimination Not Shown
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In Rogers v. Bank of New York Mellon, 2017 WL 4157376 (S.D.N.Y. Sept. 19, 2017), the court granted defendants’ motion for reconsideration and dismissed plaintiff’s claims of race- and color-based pay discrimination in violation of Title VII of the Civil Rights of 1964, the New York State Human Rights Law, and the New York City…

Read More Race/Color-Based Pay Discrimination Claims Dismissed on Reconsideration
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In McCullough v. Xerox Corp., No. 12-CV-6405L, 2016 WL 7229134 (W.D.N.Y. Dec. 14, 2016), an upstate federal district court denied defendant’s motion for summary judgment as to her Equal Pay Act (EPA) claim arising out of her employment as a Human Resources Manager. The court summarized the law applicable to plaintiff’s unequal pay claims under the…

Read More Equal Pay Act Claim Survives Summary Judgment, Continues Against Xerox
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