O’Rourke v. National Foreign Trade Council, Inc. (N.Y. 2019)

In the case O’Rourke v. National Foreign Trade Council, Inc., 176 A.D.3d 517 (1st Dept. 2019), a nonprofit employee alleged that her supervisor made gender-based derogatory remarks, such as: “you women are such delicate flowers” and “I only support humble and meek women.” The supervisor also removed her responsibilities, excluded her from projects after she complained, and undermined her role. The employer moved for summary judgment under the New York City Human Rights Law (NYCHRL) for sex discrimination and retaliation. The Appellate Division affirmed the denial of the motion, holding that the allegations, when viewed together, were sufficient to give rise to a plausible claim that she was treated “less well” because of her gender, and that subsequent adverse actions could indicate a retaliatory motive. The decision underscores that under the NYCHRL, courts must allow workplace gender discrimination and retaliation claims to proceed when a complaint alleges more than mere “petty slights” and includes specific complaints.