Practice point: The plaintiff sufficiently pled the necessary elements of the claim by alleging that another employee said that she was "inadequate" before he had ever observed her work and when all he knew about her was that she was a woman, and that, thereafter, he continually harassed and insulted her. The inference of gender-based discrimination is supported by the allegation that the plaintiff, after her termination, was almost immediately replaced by a male, as well as by the allegation that she was told that her crane was being taken out of operation, when the crane continued to be used, but with a male operator.
Case: Schindler v. Plaza Constr., LLC, NY Slip Op 07182 (1st Dep't October 12, 2017)
Here is the decision.
