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Articles Posted in Gender Discrimination

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There is a saying in civil litigation that you only get one bite of the apple. In other words, you cannot attempt to re-litigate a claim merely because you received an unfavorable result. This tenet does not only apply to tort claims, but it also applies to employment discrimination claims, as discussed in a recent gender discrimination case decided by the Supreme Court, Appellate Division, First Department, New York. If you believe you suffered discrimination in the workplace due to your sex or gender, it is advisable to meet with a trusted New York sex discrimination attorney to discuss whether you may be able to assert a claim for damages.

Factual and Procedural History

It is reported that the plaintiff filed an employment discrimination claim against the defendant employer, alleging she faced disparate treatment due to her gender and race in violation of the New York City Human Rights Law (NYCHRL). The defendants filed a motion for summary judgment, arguing, in part, that the plaintiff could not re-litigate issues that were previously decided in a federal lawsuit arising out of the same alleged harm. The trial court granted the defendant’s motion, and plaintiff appealed.

Collateral Estoppel in the Realm of Employment Discrimination Cases

In affirming the trial court opinion, the appellate court stated that the trial court correctly ruled that collateral estoppel applied to any factual issues in the present action that were the same as the factual issues resolved by the federal court in dismissing plaintiff’s federal employment discrimination claims.

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Although women have made considerable strides in the workplace, they, unfortunately, continue to face gender-based discrimination on a regular basis. In many cases, however, an employer will argue that allegedly disparate treatment had nothing to do with the employee’s gender, and will seek to have the plaintiff’s claims dismissed.  Recently, a New York District Court discussed what a plaintiff’s alleging gender discrimination in violation of the  New York City Human Rights Law (NYCHRL) must plead to withstand a motion to dismiss. If you believe your employer engaged in discriminatory conduct against you due to your gender, it is prudent to speak with a capable New York sex discrimination attorney regarding your potential damages.

The Plaintiff’s Allegations

It is alleged that the plaintiff worked at a branch manager at the defendant brokerage firm for three and a half years. During her employment, she was discouraged from seeking a promotion and was passed over for a promotion in favor of a man who was less qualified. Her supervisor also told her to look for another job when she was about to get married, stating that as a married woman, her priorities would change. She was ultimately promoted, and a second supervisor told her that she would not be employed much longer if she started a family, gave her performance warnings, and reduced her responsibilities. The plaintiff then filed a lawsuit against the defendant alleging sex discrimination in violation of the NYCHRL. In turn, the defendant filed a motion to dismiss, alleging the plaintiff failed to set forth facts sufficient to sustain her claim.

Sex Discrimination in Violation of the NYCHRL

A plaintiff seeking to pursue a sex discrimination claim under the NYCHRL must only allege that he or she was treated less favorably because of his or her sex. The courts broadly construe the NYCHRL in light of the remedial and broad purposes of the law. As such, the NYCHRL does not impose a duty on a plaintiff to prove that his or her employer took employment actions that were materially adverse or engaged in severe or pervasive conduct.

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