Pregnancy Discrimination

In Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In…

Read More 2d Circuit: Reinstatement Offer Conditioned on Foregoing Pregnancy Discrimination Case Should Have Been Excluded; Defense Verdict Overturned
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In Orosz v. Regeneron Pharm., Inc., No. 15-cv-8504, 2016 WL 6083993 (S.D.N.Y. Oct. 17, 2016), the Southern District of New York adopted a Magistrate Judge’s Report & Recommendation denying plaintiff’s FRCP 12(b)(6) motion to dismiss plaintiff’s Title VII pregnancy discrimination claim on a “failure to hire” theory. SDNY Judge Nelson Roman summarized/outlined the law as…

Read More Title VII Pregnancy Discrimination Failure-to-Hire Lawsuit Against Pharmaceutical Company Survives Dismissal
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In Smolyn v. Tyco Integrated Sec. LLC, No. 1:14-CV-56 (GLS/CFH), 2016 WL 4120325 (N.D.N.Y. July 28, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on her pregnancy and gender discrimination claims. As to plaintiff’s pregnancy discrimination claim, the court explained: The court finds that a jury could reasonably conclude that…

Read More Pregnancy & Gender Discrimination Claims Survive Summary Judgment, Notwithstanding Reduction-in-Force Rationale for Termination
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In a recent New York State court complaint, captioned Prowell v. Advanced Fertility Services, P.C. et al (NY Sup. Ct. NY Cty. 155828/2016, filed July 14, 2016), plaintiff alleges that she was terminated in retaliation for her complaints about pregnancy discrimination, in violation of the New York State and City Human Rights Laws. She asserts claims…

Read More Pregnancy Discrimination Lawsuit Against Advanced Fertility Services
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The NYC Commission on Human Rights recently issued its Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy (as set forth in Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22)). (Press release here.) The Legal Guidance provides, in part: Pregnancy discrimination under the NYCHRL is discrimination based on gender. Prior to 2014,…

Read More NYC Commission on Human Rights Issues Pregnancy Discrimination Legal Enforcement Guidance
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This week, in Legg v. Ulster Cty., No. 14-3636, 2016 WL 1637993 (2d Cir. Apr. 26, 2016), the Second Circuit reinstated a pregnancy discrimination claim brought by an Ulster County Corrections Officer. Plaintiff argued that the defendant County “unlawfully discriminated against her on the basis of her pregnancy when it denied her request for an accommodation under…

Read More Second Circuit Reinstates Pregnancy Discrimination Claim in Light of Young v. UPS
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In a recently-filed Manhattan federal lawsuit, captioned Kantrowitz v. Procter & Gamble, SDNY 16cv02813, plaintiff alleges, among other things: [Plaintiff], a [Procter & Gamble] employee of two years in good standing who sold products geared to women at P&G’s Dolce and Gabbana [] makeup shop at Saks Fifth Avenue in Manhattan, was fired after she announced…

Read More Pregnancy Discrimination Lawsuit Against Procter & Gamble
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In a recent complaint filed in the Southern District of New York, Moore v. Despont Studios LLC et al, 15-cv-00619, plaintiff – an architect and former employee of Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd. – asserts claims of gender discrimination, pregnancy discrimination, and retaliation. From her complaint: In stark contrast to its progressive…

Read More Lawsuit: Pregnancy/Gender Discrimination, FMLA Retaliation Allegations Against Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd.
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On October 21, 2015, Governor Cuomo signed into law several bills, collectively known as the “Women’s Equality Act” (Assembly Bill No. A08070), that will accord greater protections to women in the workplace. These new laws will take effect 90 days after signing, in January 2016. According to the Governor’s website, this legislation “will help to ensure that…

Read More Governor Cuomo Signs “Women’s Equality Act”
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