Hostile Work Environment

In Malik v. American International Group, Inc., the Supreme Court, Queens County denied defendants’ summary judgment motions regarding a number of plaintiff’s claims, including sexual harassment (quid pro quo and hostile work environment), race discrimination, and disability discrimination under the New York State Human Rights Law. Time Bar and Continuing Violation Doctrine Defendants argued that plaintiff’s claims…

Read More Issues of Fact Preclude Summary Judgment for Defendant on Sex, Race, and Disability Discrimination Claims

The New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…

Read More Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual Harassment

Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims.  The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation

In a recent case, Shavuo v. Shinseki, the Southern District of New York highlighted the often-misunderstood difference between a work environment that may seem “hostile” and a  “hostile work environment” (as that term is used in employment discrimination law). The court stated: With respect to Shavuo’s repeated references to a “hostile work environment,” we again…

Read More When A Work Environment That Seems Hostile Isn’t A “Hostile Work Environment”

Below is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…

Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly

In Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…

Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting Claims

Below is the complaint filed on March 13, 2013 by Alexandra Marchuk (a Vandy Law grad) against law firm Faruqi & Faruqi – a self-proclaimed “recognized leader in protecting the rights of employees“- and its partner Juan E. Monteverde for sexual harassment. Among other things, plaintiff alleges: Mr. Monteverde intensified his improper actions on the…

Read More Briefs & Blow Jobs: Prominent Plaintiffs’ Law Firm And Partner Sued For Sexual Harassment

Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University