Court: NY App. Div. Dept. 3

An upstate appellate court recently held – despite contrary suggestions in popular culture – that chimpanzees are not “persons” (at least not in the legal sense). In People ex rel. Nonhuman Rights Project, Inc. v. Lavery, the court affirmed the dismissal of a habeas corpus proceeding to secure the release of a chimpanzee named Tommy. Specifically, it addressed…

Read More Court Explains Why Chimpanzees Aren’t “Persons” For Purposes of New York’s Habeas Corpus Statute
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Judicial opinions are often difficult to distill into discrete bullet points. However, a recent decision can be taken as a cautionary instruction to male supervisors, for example, not instruct their female subordinates, in writing, to remember that they are “a man first and a supervisor second” and that being “sex[y]” is “crucial to the position”, and…

Read More “Mock” Sexual Harassment Letter From Alleged Harasser Supports Plaintiff’s Case Against School District
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In Matter of Gascon (decided May 29, 2014), the Appellate Division, Third Department, upheld a decision by the Unemployment Insurance Appeal Board that the claimant was entitled to receive unemployment insurance benefits. In this case, the claimant asserted that she “quit due to persistent and escalating sexual harassment by her supervisor, the owner” of her employer.…

Read More Court Upholds Unemployment Benefits Where Claimant Quit Due to Sexual Harassment
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In Matter of Arcuri v. Kirkland, the Appellate Division, Third Department annulled a decision by a State Division of Human Rights (SDHR) Administrative Law Judge (ALJ) that GPA Development Corporation subjected its employees, Adam Bargy and Orlando Colon, to a hostile work environment based on sexual harassment and retaliated against them for complaining about it. The…

Read More Court Annuls NYS Division of Human Rights Finding That Male Employees Were Subjected to Gender-Based Hostile Work Environment and Retaliation
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