Sexual Harassment

In response to the sexual harassment allegations levied against him – including that he engaged in “creepy behavior” toward female reporters – Governor Andrew Cuomo is reported to have (dismissively) stated that “[h]arassment is not making someone feel uncomfortable” and that he “never said anything [he] believed was inappropriate.” In 2019, the New York State…

Read More Governor Cuomo’s Response to Sexual Harassment Allegations at Odds With Law He Signed
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In Sears-Barnett v. Syracuse Community Health Center, Inc., 16-CV-426, 2021 WL 1202206 (N.D.N.Y. March 31 2021), the court, inter alia, dismissed plaintiff’s sexual harassment / hostile work environment claim. This case is an example of the “Faragher Ellerth” affirmative defense in action, and generally illustrates the risk associated with failing to timely assert a harassment…

Read More Sexual Harassment Complaint Dismissed; Court Cites “Two Years of Silence” Pre-Complaint
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In a recent case, Matter of Arbitration between New York Office for People With Developmental Disabilities, No. 531029, 2021 N.Y. Slip Op. 02579, 2021 WL 1676979 (N.Y.A.D. 3 Dept. Apr. 29, 2021), the court upheld the lower court’s decision to vacate an arbitration award imposing, against an accused sexual harasser, a penalty the court deemed…

Read More Sexual Harassment Arbitration Non-Termination Penalty Violated Public Policy
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In Harris v. Charlie Rose Inc., No. 154172/2018, 2021 WL 1345374 (N.Y. Sup Ct, New York County Apr. 05, 2021) – a lawsuit in which plaintiffs assert that defendant Charlie Rose subjected them to ongoing physical and sexual harassment including sexual touching, comments, and advances – the court granted, in part, plaintiff’s motion to compel discovery. From…

Read More Discovery Compelled, in Part, in Charlie Rose Sexual Harassment Case
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In Guida v. Uber Technologies, Inc., No. 152107/2020, 2021 WL 781340, 2021 N.Y. Slip Op. 30573(U) (N.Y. Sup Ct, New York County Mar. 01, 2021), the court dismissed plaintiff’s claims for negligent hiring, supervision, and/or retention – based on plaintiffs’ allegation that that they were harassed and sexually assaulted by the defendant Jianmin Xu, an…

Read More Sexual Assault/Harassment Case Dismissed Against Uber
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In Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…

Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based Plaintiff
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In Crandall v. Equinox Holdings, Inc., No. 157373/2018, 2021 WL 1253808, 2021 N.Y. Slip Op. 31063(U) (N.Y. Sup Ct, New York County Apr. 05, 2021), a sexual assault case, the court ruled on the plaintiff’s motion to compel discovery. The court summarized the facts, and plaintiff’s motion, as follows: In this case, plaintiff alleges that…

Read More Sexual Assault Plaintiff’s Motion to Compel Granted in Part
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In Murray v. NYU Langone Hospitals et al, No. 151402/2019, 2021 WL 1204988 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed plaintiff’s discrimination and retaliation claims, but held that plaintiff’s sexual harassment / hostile work environment claim under the New York City Human Rights Law was sufficiently alleged. While this decision…

Read More Sexually Hostile Work Environment Claim Survives Dismissal Against NYU Langone Hospitals Under the NYC Human Rights Law
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In Root v. Salamanca Central School District, No. 20-00123, 882, 2021 N.Y. Slip Op. 01634, 2021 WL 1049730 (N.Y.A.D. 4 Dept. Mar. 19, 2021), a sexual harassment case, the court upheld a lower court decision denying defendants’ motion to dismiss plaintiff’s claims against defendants (but modified the order to dismiss plaintiff’s amended complaint against individual…

Read More Teacher’s Sexual Harassment Case Continues Against Upstate School District
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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