Sexual Orientation/LGBT Discrimination

In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to retaliation (for complaining of discrimination and harassment based on his sexual orientation) in violation…

Read More Retaliation Claim Against NYC Housing Authority Survives Summary Judgment
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to discrimination and harassment based on his sexual orientation in violation of the New York…

Read More Sexual Orientation Discrimination / Harassment Claim Against NYC Housing Authority Survives Summary Judgment
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In Sanderson v. Leg Apparel et al, 2020 WL 3100256 (SDNY June 11, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on perceived sexual orientation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. (I addressed the court’s…

Read More Plaintiff Sufficiently Alleges Sexual Orientation Discrimination Against Leg Apparel et al
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Today, in Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020) (J. Gorsuch),[1]This case was decided together with Altitude Express, Inc. v. Zarda, No. 17-1623 (Second Circuit) and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (Sixth Circuit). the U.S. Supreme Court held that the prohibition of discrimination based on “sex”…

Read More U.S. Supreme Court Rules 6-3 That Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status
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In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal
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In Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…

Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court Holds
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Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case
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In Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”
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In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment
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Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…

Read More NYC Celebrates LGBT Pride
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