Sexual Harassment

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In a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Rodriguez v. New York City Health & Hospitals Corp., No. 14 CIV. 4960 BMC, 2015 WL 5229850 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York granted defendant summary judgment on plaintiff’s sexual orientation discrimination and quid pro quo sexual harassment claims. In sum, plaintiff alleged that “he was denied employment by defendants…

Read More Hiring of Better-Qualified Candidate, Notwithstanding “Unprofessional and Coarse” Text Messages, Defeats Sexual Orientation Discrimination (Failure-to-Hire) Claim
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In Phillips v. Manhattan & Bronx Surface Transit Operating Auth., 15 N.Y.S.3d 331 (N.Y. App. Div. 2015), the Appellate Division, First Department  held that an arbitration award reinstating a sexual harassment offender (and union member) to his position pursuant to a Collective Bargaining Agreement was contrary to public policy. In sum, after a female bus…

Read More Sexual Harassment/Hostile Work Environment Offender Not Entitled to Reinstatement Under Collective Bargaining Agreement
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Here is the recently-filed lawsuit, Pantor v. City of New York and Green Key Resources (filed NY Cty. 9/9/15, Index # 159257/2015), in which plaintiff alleges that she was subjected to sexual harassment by her supervisor at the City of New York Office of the Actuary, and then retaliated against for rejecting his advances. Specifically,…

Read More Lawsuit Alleges Sexual Harassment at NYC Office of the Actuary
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In Fox v. New York City Dep’t of Educ., No. 13-CV-3204 VEC, 2015 WL 4991878 (S.D.N.Y. Aug. 20, 2015), the court dismissed claims asserted by plaintiff – a former guidance counselor at P.S. 150 – of religious discrimination, race discrimination, age discrimination, hostile work environment, and sexual harassment. As to plaintiff’s religious discrimination claim, the court…

Read More Guidance Counselor’s Discrimination, Sexual Harassment Claims Dismissed
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In a lawsuit captioned Pollock v. Agrei Consulting, et al (NY Sup. Ct. Kings Cty. filed 9/4/15, Index # 510920/2015), plaintiff alleges that she was sexually harassed by her boss who she claims, among other things, sent her flirtatious and sexually inappropriate text messages (such as “You take good care of me and I will…

Read More Sexual Harassment Lawsuit Alleges That Boss Put Penis Pictures on Executive Assistant’s Computer
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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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In Vasquez v. Empress Ambulance Serv., Inc., No. 14 CIV. 8387 NRB, 2015 WL 5037055 (S.D.N.Y. Aug. 26, 2015), the court addressed the following question: [W]hether an employer is liable for unlawfully retaliating against a plaintiff employee when (1) the plaintiff reports that a coworker [here, Gray] has sexually harassed her, (2) the employer promptly…

Read More Court Discusses and Applies “Cat’s Paw” Theory in Sexual Harassment/Retaliation Case
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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