Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Spousal Jealousy Provides Grounds for Discrimination Claim

By Timothy J. Domanick on September 8, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards v. Nicolai).  In this case, the husband and wife were co-owners of a chiropractic office.  The practice hired a female massage therapist and yoga instructor.  The husband was her direct supervisor.  The complaint alleged that during the course of plaintiff’s employment, her relationship with the husband was “purely professional.”  During the course of employment, the husband allegedly told her that his wife might become jealous because she was “too cute.”  Several months thereafter, the wife sent the employee a text message stating “You are NOT welcome any longer … DO NOT ever step foot in there again, and stay the [expletive] away from my husband and family!!!!!!! And remember I warned you.” Soon thereafter, the employee claimed she received an email from the husband stating: “You are fired and no longer welcome in our office. If you call or try to come back, we will call the police.”

The trial court granted the employer’s motion to dismiss plaintiff’s claims of gender discrimination. However, the appellate court overruled the decision based on a prior decision which held that “adverse employment actions motivated by sexual attraction are gender-based and, therefore, constitute unlawful gender discrimination.”

Take away: Employers (especially those in New York) should give broad consideration to possible gender-based claims before taking adverse action against an employee where the gender of the employee is related to the employment action.

  • Posted in:
    Employment & Labor
  • Blog:
    The EPL Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo