Tag Archives: Employment Discrimination

Second Circuit Finds that Claim Focused on Sexual Orientation Discrimination May Proceed Under Gender Stereotyping Theory

Last week, the Second Circuit reversed Judge Failla’s decision criticizing precedent that she concluded required dismissal of a Title VII claim focused on sexual orientation discrimination (see our coverage of Judge Failla’s ruling here).  The Second Circuit found that it lacked authority to overturn circuit precedent without an en banc panel or a subsequent U.S. Supreme Court decision, and so did … Continue Reading

Judge Failla Criticizes Binding Precedent Excluding Sexual Orientation from Title VII

In an opinion today, Judge Failla dismissed employment discrimination claims brought by a gay man under Title VII.  She found the employer’s alleged conduct to be “reprehensible” but was “constrained to find that Plaintiff has not stated a cognizable claim” because the Second Circuit has held, in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), … Continue Reading

Judge Crotty: People Magazine Editor Alleging Race Discrimination Cannot Get Discovery About What Stories People Chose to Publish

In a decision yesterday, Judge Crotty denied a motion by a former People magazine editor, who claims that she was fired based on her race and that People magazine was only interested “in printing [articles] concerning . . . ‘White middle-class suburbia,’” to compel discovery concerning what stories People chose to publish.  He found the … Continue Reading

Judge Francis Recommends Denying Class Certification in Goldman Gender Bias Case

On Tuesday, Magistrate Judge Francis issued a Report and Recommendation to Judge Torres in which he recommended  denying class certification in a gender bias case against Goldman Sachs.  The plaintiffs allege that Goldman’s practices of “360 Reviews” (employee reviews by peers, subordinates and superiors) and “quartiling” (requiring managers to rank their employees by placing them … Continue Reading
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