Sexual Harassment Claim Survives Summary Judgment

In Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim.

From the decision:

After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the [hostile work environment] bar too high … , the Court concludes that a jury could reasonably find that Plaintiff has established a sexual harassment hostile work environment claim. A reasonable jury could find that Li, as a supervisor for Air China, made repeated, unwanted sexual advances toward Plaintiff and created an environment that was both objectively and subjectively abusive. [Citations omitted.]

As to the New York City Human Rights Law, the court held that – while plaintiff’s retaliation claim could not be asserted under that statute because “the impact of the claimed termination was felt on Long Island” – “a jury could reasonably find that the impact of the asserted sexual harassment was felt in New York City.”