Pregnancy Discrimination

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In a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…

Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Association
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In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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In Emmanuel v. Cushman & Wakefield, Inc., No. 159316/15, 2018 WL 4148520 (Sup Ct, New York County Aug. 30, 2018) (J. Bannon), the court, inter alia, granted defendants summary judgment on plaintiff’s NYC Human Rights Law hostile work environment claim. From the decision: The court rejects the plaintiff’s contention that she raised a triable issue…

Read More Gender/Pregnancy Hostile Work Environment Claim Dismissed; Attendance Monitoring Insufficient
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From LISETTE PAULSON, Plaintiff, v. TIDAL, ROC NATION, DESIREE PEREZ, JOSEPH BORRINO, and DOES 1-10, Inclusive, Defendants., 16-cv-9049, 2018 WL 3432166 (S.D.N.Y. July 18, 2018): Paulson alleges that Tidal discriminated against her in violation of Title VII. (Am. Compl. ¶ 29.) A plaintiff bringing a Title VII employment discrimination lawsuit must allege that (i) she is…

Read More Title VII Pregnancy Discrimination Claim Sufficiently Stated Against Tidal et al
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From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with…

Read More Gender/Pregnancy Discrimination Case Survives Summary Judgment
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In Castillo v. Montefiore Med. Ctr., 2017 NY Slip Op 07769 (App. Div. 1st Dept. Nov. 9, 2017), the First Department affirmed the dismissal of plaintiff’s pregnancy discrimination claims under the New York State and City Human Rights Laws. Here are the facts, as summarized by the court: On August 6, 2012, defendant hired plaintiff as a…

Read More Pregnancy Discrimination Dismissal Affirmed; Court Cites Negative Performance Feedback and Employer’s Lack of Knowledge of Pregnancy
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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In Schultz v. Congregation Shearith Israel of the City of New York et al, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the court addressed the following issue: whether a cause of action under Title VII can be based on notice to an employee of a termination of employment effective in approximately three weeks, that…

Read More 2d Circuit Holds That Title VII Claim May Be Based on Subsequently-Revoked Notice of Termination
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