NY Case Law: Maffei v. Kolaeton Industry, Inc (1994)

Daniel M. Maffei, Plaintiff, v. Kolaeton Industry, Inc., et al., Defendants. Index Number 124783/94 164 Misc. 2d 547; 626 N.Y.S.2d 391; 1995 N.Y. Misc. LEXIS 115; 68 Fair Empl. Prac. Cas. (BNA) 1039 Decided March 14, 1995. Headnotes Civil Rights - Discrimination in Employment - Sexual Orientation - Protection of Transsexual against Hostile Work Environment Plaintiff transsexual cannot maintain a sex discrimination action against his employer on the grounds that he was discriminated against in the workplace due to sexual orientation pursuant to Administrative Code of the City of New York § 8-107 (1). Administrative Code § 8-102 (2) defines "sexual orientation" to mean "heterosexuality", "homosexuality" or "bisexuality". The term deals with sexual preferences and practices, not transsexualism, and there is no claim that the harassment alleged herein is the result of any sexual preferences expressed by plaintiff. Civil Rights - Discrimination in Employment - Gender - Protection of Transsexual against Hostile Work Environment Plaintiff transsexual may maintain an [...]