Employment Discrimination

In Bearer v. Teva Pharmaceuticals USA, Inc. et al, 19-5415, 2021 WL 4145053 (E.D.Pa. Sept. 8, 2021), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment / sexual harassment claim arising from defendant’s President and CEO slapped plaintiff’s buttocks. The court distinguished this case from one in which the…

Read More Sexual Battery / Hostile Work Environment (Butt-Slapping) Claim Survives Summary Judgment Against Teva Pharmaceuticals
Share This:

In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
Share This:

In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, held that plaintiff’s retaliation claim survived dismissal. In her complaint, plaintiff alleges various forms of retaliation: (1) terminating her employment; (2) issuing a press release about alleged harasser Ed Henry’s termination; (3) filing a…

Read More Jennifer Eckhart’s Retaliation Claims Survive Against Fox News, Ed Henry
Share This:

In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, denied defendant Ed Henry’s motion to dismiss plaintiff Jennifer Eckhart’s claims for sex trafficking under Section 1591 of the Trafficking Victims Protection Act, 18 U.S.C. § 1591 (TVPA). The court summarized its holding…

Read More Sex Trafficking Lawsuit Against Ed Henry Survives Motion to Dismiss
Share This:

In Areu v. Fox News Network, LLC, 2021 WL 4124226 (SDNY Sept. 9, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim against Fox News, asserted under Title VII of the Civil Rights Act of 1964, because she failed to plausibly allege that she was Fox News’ “employee” within the meaning of the statute.…

Read More “Liberal Sherpa” Cathy Areu’s Title VII Gender Discrimination Claim Against Fox News Dismissed; Title VII “Employee” Status Insufficiently Alleged
Share This:

In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
Share This:

In Ragin v. Riverbay Corp., 20-2233-cv, 2021 WL 4057196 (2d Cir. Sept. 7, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s sex and disability discrimination claims. As to plaintiff’s sex discrimination claim, the court explained why the proffered “legitimate non-discriminatory” reason for plaintiff’s termination was not a “pretext” for discrimination. From…

Read More Sex Discrimination Claim Properly Dismissed on Summary Judgment; HR Director’s Failure to Act Resulting in Cost to Employer, Not Gender, Was Cause of Termination
Share This:

In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
Share This:

In Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…

Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment Claim
Share This:
(212) 227-2100