Faragher/Ellerth Defense

The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…

Read More Investigative Documents in Sexual Harassment Case Were Protected as Work Product
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In Rubin v. Abbott Labs., No. 13 CIV. 8667 CM, 2015 WL 5679644 (S.D.N.Y. Sept. 23, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, but denied it as to her…

Read More Complaining of Harassment Only to Harasser Provides Employer With Defense to Harassment Claim Under NY State Discrimination Law
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In Szwalla v. Time Warner Cable, LLC, No. 3:13-CV-713 MAD/DEP, 2015 WL 5708538 (N.D.N.Y. Sept. 29, 2015), the court explained and applied the so-called “Faragher-Ellerth” affirmative defense to a hostile work environment claim. In this case, plaintiff (an account executive for the Time Warner defendants) alleged that defendants engaged in sexual harassment, subjected her to a…

Read More Court Applies “Faragher-Ellerth” Defense to Dismiss Plaintiff’s Sexual Harassment/Hostile Work Environment Title VII Claim
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In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981.…

Read More Hostile Work Environment Claims Under 42 USC 1981 and State Human Rights Law Continue
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In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…

Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case
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Seems like a straightforward question, right?  It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting.  However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…

Read More Who Is A “Supervisor”?
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