Sexual Harassment

In Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…

Read More Sexual Harassment Hostile Work Environment Claim Insufficiently Alleged
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In her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…

Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment Lawsuit
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…

Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit
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In the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…

Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry
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In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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In Lent v. CCNH d/b/a Cortland Care Center, decided November 16, 2015, the Northern District of New York awarded plaintiff damages following defendant’s default. As set forth in the court’s June 1, 2015 decision granting plaintiff’s motion for a default judgment (which I wrote about here), In this sexual harassment case, plaintiff alleged (among other…

Read More Court Explains $1.25M Emotional Distress Damage Award in Sexual Harassment/Hostile Work Environment Case
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It has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen…

Read More $75,000 Sexual Harassment/Hostile Work Environment Settlement Against Town of Smithtown and Highway Superintendent Glenn Jorgensen
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to…

Read More Court Explains Damages in Sexual Harassment/Unpaid Overtime Case Upon Defendant’s Default
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