Retaliation

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In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

Read More Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules
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More lawyers (allegedly) behaving badly. Here is the complaint, captioned Chechelnitsky v. McElroy, Deutsch, Mulvaney & Carpenter, LLP, SDNY 15-cv-01777 (March 10, 2015), filed in the Southern District of New York on March 10, 2015 containing allegations of sexual harassment by an associate attorney against Newark, NJ-based law firm McElroy, Deutsch, Mulvaney & Carpenter. Plaintiff…

Read More Sexual Harassment Lawsuit Against Law Firm McElroy, Deutsch, Mulvaney & Carpenter
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Nazi dentists are terrifying. Drunk dentists may be a close second. New York’s whistleblower statutes – codified at Labor Law §§ 740 and 741 – are notoriously (and, from a plaintiffs’ lawyer’s perspective, frustratingly) narrow. It is, therefore, refreshing to see a plaintiff prevail, if “only” on a motion for summary judgment. This victory – arguably the…

Read More Plaintiff Fired After Complaining About Drunk Dentist Survives Summary Judgment on Labor Law § 741 Whistleblower Claim
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In Lashley v. New Life Bus. Inst., Inc., No. 13 CIV. 2683 BMC, 2015 WL 1014128 (E.D.N.Y. Mar. 9, 2015), the Eastern District of New York upheld a jury verdict in favor of Corey Lashley on his quid pro quo and hostile work environment sexual harassment claims. In this case, plaintiff Corey Lashley alleged, among other things,…

Read More Court Upholds Jury’s Verdict that Male Plaintiff Endured Quid Pro Quo Sexual Harassment by Female Boss
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In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

Read More Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims
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When many people think of sexual harassment, they likely think of a man sexually harassing their female subordinate. However, sexual harassment works both ways – i.e., the harasser, as well as the victim. That was the case in Hasper v. County of Suffolk, decided by the Eastern District of New York on Feb. 25, 2015. There,…

Read More Treating Male and Female Sexual Harassment Victims Differently Creates Factual Issue on Title VII Gender Discrimination Claim
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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The U.S. Equal Employment Opportunity Commission (EEOC) and Seapod Pawnbrokers have entered into a consent decree resolving a lawsuit, EEOC v. Seapod Pawnbrokers, Inc. et al., EDNY 14-cv-4567. (Here is the EEOC press release.) In its October 2014 amended complaint, the EEOC alleges that defendants violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to…

Read More $300K Consent Decree in EEOC’s Sexual Harassment Lawsuit Against Seapod Pawnbrokers
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