In Kane v. Club Helsinki, 18-cv-01355, 2021 WL 2457150 (N.D.N.Y. June 16, 2021), the court denied defendants’ motion to dismiss plaintiff’s quid pro quo sexual harassment claim. In sum, plaintiff, a bartender, alleges that after he rebuffing sexual advances from defendant’s director of operations (Sullivan), his hours were cut and he was terminated. The court…Read More Quid Pro Quo Sexual Harassment Claim Against Club Helsinki Survives Summary Judgment; Inconsistent Reasons For Termination Created Triable Issues of Fact as to Pretext
In Perrotte v. Bloomberg, LP et al, No. 451470/2020, 2021 WL 465986 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under the New York State Human Rights Law. The court summarized the law as follows: Pursuant to NYSHRL, it is an…Read More Quid Pro Quo Sexual Harassment Claim Dismissed Against Bloomberg LP et al
In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s quid pro quo and hostile work environment sexual harassment claims asserted under the New York State and City Human Rights…Read More Sexual Harassment Claims (Quid Pro Quo, Hostile Work Environment) Survive Summary Judgment Against Hyatt
In Mejia v. City of New York, 2020 WL 2837008, at *14 (E.D.N.Y. May 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. From the decision: Plaintiff asserts claims for quid pro quo sexual harassment under NYSHRL and NYCHRL. Quid pro quo sexual harassment occurs when…Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Absence of Action Following Rejection of Sexual Overture
Sexual harassment may occur in a variety of contexts, including in the employment, educational, and – as I will discuss here – the housing context. The New York City Human Rights Law, inter alia, makes it an “unlawful discriminatory practice” for owners and lessors “because of” the “actual or perceived” gender of any person to…Read More Can I Sue My NYC Landlord For Sexual Harassment?
In Canosa v. Harvey Weinstein et al, 2019 WL 498865 (S.D.N.Y. 2019), the court, inter alia, clarified that sexual harassment is a form of “discrimination” under federal law (Title VII of the Civil Rights Act of 1964) and the New York State and City Human Rights Laws, and does not constitute an independent common-law tort.…Read More Sexual Harassment is a Statutory Claim, Not a Common-Law Tort, Court Explains
In Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.
In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
What is “The Truth”? The President of the United States’ lawyer, Rudy Giuliani, has been (rightly) criticized and mocked for saying that “Truth Isn’t Truth”. What the heck does that mean? Is this just another loony iteration of “alternative facts?” Maybe. The issue of what “The Truth” is has arisen many times. Some have observed that “The…Read More “The Truth”
In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual…Read More Sexual Harassment Complaint Filed Against CBS Radio Et Al