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North America

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1007
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Global Region

Gaines v. Bellino (N.J. 2002)

In Gaines v. Bellino, 173 N.J. 301, 801 A.2d 322 (2002), the plaintiff, a county corrections officer working the midnight shift, alleged that a coworker kissed her without consent and subsequently harassed her by making repeated references to the incident and threatening remarks about rape. Although the plaintiff reported the conduct to her superiors, no action was taken for nearly two years. When the warden eventually met with her, she declined to file a formal complaint due to fear of retaliation.

Gallucio’s v. Kane

Here, the defendant-employer appealed the decision of the Equal Employment Review Board that it had discriminated against the plaintiff because of her sex, in violation of 19 Del. C. § 711.  The plaintiff was a waitress for almost four years when she requested maternity leave to the restaurant’s owner and general manager.  She was granted maternity leave and told she could return to work to her previous schedule when physically able.  Id.

Gavin v. Rogers Tech. Servs., Inc.

Gavin worked as the personal assistant to Rogers, president of RTSI. A few days into her employment, Gavin discovered that the conversations between her and Rogers always had a sexual overtone, if not outright about sex. One day, when Gavin entered Rogers’ home office in the morning, Gavin appeared to be wearing nothing but a pair of boxer shorts. Gavin immediately left and never returned to work again. On these facts, Gavin brought a sexual harassment suit under VII of the Civil Rights Act of 1964 against RISI.

Gender Expression Non-Discrimination Act (GENDA) (2019) N.Y. S1047

New York State’s Gender Expression Non-Discrimination Act (GENDA) adds "gender identity or expression" as a protected characteristic under New York’s civil rights laws. The statute defines gender identity or expression as a person’s actual or perceived gender-related identity, appearance, or behavior, regardless of their sex assigned at birth. The law prohibits discrimination on the basis of gender identity or expression in employment, housing, education, public accommodations, and credit decisions.

Gersch v. Fantasia

Plaintiff and defendant were engaged and had one child.  The trial court entered a protective order due to plaintiff’s allegation that defendant hit her during a visitation exchange.  Plaintiff had a visitation exchange of infant son with defendant at plaintiff’s parents’ house.  Plaintiff’s father carried their infant son towards his house.  Defendant allegedly punched and kicked plaintiff’s father.  When plaintiff tried to pull him away, he threw her into the railing.  The court found that the trial court’s finding was supported by competent evidence, and was

Gilbert v. Country Music Association, Inc.

After the plaintiff-appellant, a theater professional who was openly homosexual, complained that a coworker had threatened him based on his sexual orientation and a union hiring hall of which the plaintiff was a member refused to provide him with work. Gilbert sued his union and a collection of various employers, alleging, among other claims, discrimination under Title VII of the Civil Rights Act. The district court granted the defendants’ motion to dismiss, holding that Title VII does not prohibit discrimination based on sexual orientation.

Gonzales v. Marriott

Plaintiff Gonzales was a full-time accountant for the Los Angeles Airport Marriott when she arranged to be a gestational surrogate, due to give birth in April 2014. When the child was born, Plaintiff used her three work breaks to pump breast milk and send it to the child’s family. After two weeks of shipping the milk to the family, Plaintiff continued to lactate for personal health reasons and donated the milk to women’s organizations for mothers who could not breastfeed. Marriot then discontinued her two extra breaks arguing that she was not disabled and not feeding a child at home.

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