PLAINTIFF’S WORKPLACE GENDER-DISCRIMINATION CASE SHOULD NOT HAVE BEEN DISMISSED (THIRD DEPT).

The Third Department, reversing Supreme Court, in a necessarily fact-specific decision, determined plaintiff’s employment-discrimination suit should not have been dismissed:

To establish a claim for gender discrimination under the Human Rights Law, a plaintiff must “show (1) that he or she was a member of a protected class, (2) that he or she suffered an adverse employment action, (3) that he or she was qualified to hold the position for which he or she suffered the adverse employment action, and (4) that the adverse employment action occurred under circumstances giving rise to an inference of discrimination” … . “Verbal comments can serve as evidence of discriminatory motivation when a plaintiff shows a nexus between the discriminatory remarks and the employment action at issue” … . “Employers are . . . required to provide reasonable avenues for discrimination and harassment complaints, to respond appropriately to such complaints, and to take reasonable steps to eliminate the harmful conduct; where they fail to do so, they are subject to liability under [the Human Rights Law]” … . * * *

The gravamen of plaintiff’s allegations is that Gulnick’s [plaintiff’s immediate boss’s] sexist views toward women fostered a workplace where women’s legitimate grievances were met with dismissal and ridicule, and conflicts that would otherwise have been dealt with were instead allowed to fester. When plaintiff sought to have her valid claims of harassment addressed in-house and ultimately in an outside mediation, Gulnick’s rebuke of her efforts envenomed with discriminatory commentary turned to anger, ultimately leading to plaintiff’s demotion and decrease in wages. Mikesh v County of Ulster, 2025 NY Slip Op 01987, Third Dept 4-3-25

Practice Point: Consult this decision for a detailed fact-specific analysis of the criteria for a prima facie demonstration of gender discrimination in the workplace.​