The statute does not differentiate between sexual harassment and other forms of gender discrimination, but, instead, considers sexual harassment as one species of sex- or gender-based discrimination. Therefore, the court cannot grant the defendant's motion on the gender discrimination claim while denying the motion with respect to the hostile work environment and sexual harassment claim. Plaintiff can make out a prima facie case in the absence of an adverse employment action. In deciding the motion, defendant bore the burden of showing that, based on the record evidence and drawing all reasonable inferences in plaintiff's favor, no jury could find defendant liable for gender-based discrimination. Plaintiff submits sufficient evidence to support her assertions that, after she rejected her supervisor's sexual advances, she was unjustifiably criticized for her work product and attendance by her supervisors and was stripped of her assignments, which permits a finding that she was treated less well based on her gender.
Bond v. New York City Health & Hosps. Corp., NY Slip Op 01939 (1st Dep't April 13, 2023)
