Sexual Harassment

Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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A recent Southern District decision, Brown v. City of New York, outlines conduct that could easily form a roadmap for a corporate sexual harassment training course (in the “what not to do” sense). There, New York City employee Sheila Brown sued the City of New York, alleging (under Title VII of the Civil Rights Act of 1964…

Read More Conduct of Aggressive, Masturbating Misogynistic Co-Worker Results in Denial of Summary Judgment for Defendant on Sexual Harassment Claims
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In the recent case of Matter of John W. Danforth Group, Inc., the Western District of New York considered, and rejected, a company’s petition under Federal Rule of Civil Procedure 27 to perpetuate evidence in anticipation of an as-yet unfiled employment discrimination action against it. Under limited circumstances, a potential party to litigation can obtain discovery…

Read More Employer, Anticipating Sexual Harassment Suit, Denied Pre-Lawsuit Discovery From Prospective Plaintiff’s “Facebook Friend”
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Below (and here) is the New York State Supreme Court (Manhattan) complaint filed on July 11, 2013 by Natalie Thorpe against Williams Lea, Inc. The relevant events occurred while plaintiff was placed by defendant at the Manhattan law firm Cadwalader Wickersham & Taft. The suit claims that Tyrone Turner, defendant’s manager, made offensive sexual advances and comments…

Read More Erotic Poetry Sexual Harassment Suit
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Below is the complaint recently filed by an employee of Capital One Bank for sexual harassment under the New York State and City Human Rights Laws. Plaintiff claims that she was subjected to a sexually hostile work environment, that the company failed to take steps to stop it, and that she was fired for complaining about…

Read More Bankers (Allegedly) Behaving Badly
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Below is the complaint, captioned Burhans and Rivera v. Lopez and Silver, 13 CIV 3870, filed in the Southern District of New York by Victoria Burhans and Chloe Rivera against (former) Assemblyman Vito Lopez and Assembly Speaker Sheldon Silver.   Plaintiffs allege violations of the Fourteenth Amendment (through 42 U.S.C. § 1983), the New York State Human…

Read More Federal Sexual Harassment Complaint Against Vito Lopez and Sheldon Silver
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A recent New York trial court decision again underscores the breadth of the New York City Human Rights Law.  The case is Davis v. Phoenix Ancient Art, decided April 22, 2013. There, plaintiff Emily Davis alleged that she was subjected to sexual harassment and constructively discharged. Plaintiff’s allegations: [I]n September 2010, while at an art…

Read More NYC Human Rights Law Claims Continue, While State Human Rights Law Claims Fail
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A federal court last week struck down an employment discrimination defendant’s attempt to obtain broad-ranging discovery from plaintiff in her Title VII gender discrimination, hostile work environment, sexual harassment, and retaliation case. The court’s decision in Kennedy v. Contract Pharmaceutical Corp. is here. Social Media Document Requests Social media is everywhere, and much has been written on…

Read More Court Rejects Defendants’ Attempts to Obtain Social Media Discovery From Discrimination Plaintiff
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In employment discrimination law, the phrase “hostile work environment” has a very specific meaning that does not encompass all circumstances that the word “hostile” might suggest. Courts repeatedly say, for example, that the employment laws do not provide a “general civility code” for the workplace. In addition, as set forth below, in order to be actionable, the…

Read More What is a “Hostile Work Environment”?
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