Judge Hellerstein

In Jones v. Fox Rothschild LLP, 2020 WL 2521328 (S.D.N.Y. May 18, 2020), a sexual harassment case, the court transferred the case to the District of New Jersey. After summarizing the general principles governing the setting of venue in a federal district court – namely, that venue lies in a district “in which a substantial…

Read More Sexual Harassment Case Against Fox Rothschild Transferred to New Jersey
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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…

Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations Doctrine
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In Lowe v. Mount Sinai Health System, Inc., 16-cv-6074, 2018 WL 2089345 (S.D.N.Y. 2018), the court dismissed plaintiff’s claims of race discrimination (termination), hostile work environment, and retaliation. Plaintiff testified at her deposition that, e.g., her supervisor (Lopiano) made racial comments, such as “why don’t you go back to Haiti” and “you can’t even speak…

Read More Citing “Stray Remarks” Doctrine and Plaintiff’s Mistakes, Court Dismisses Discrimination, Hostile Work Environment, and Retaliation Claims
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In Philpott v. State of New York, No. 16 CIV. 6778 (AKH), 2017 WL 1750398 (S.D.N.Y. May 3, 2017) (J. Hellerstein), the court denied defendant’s motion to dismiss plaintiff’s claims for sexual orientation discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964. From the opinion: [P]laintiff has adequately…

Read More Title VII Sexual Orientation Discrimination Claim Survives Motion to Dismiss
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In Doe v. Hagenbeck et al., No. 13 CIV. 2802 AKH, 2015 WL 1611153 (S.D.N.Y. Apr. 13, 2015), the Southern District of New York held that plaintiff, a West Point cadet, sufficiently alleged gender discrimination under the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution. The court cited numerous instances of inappropriate…

Read More West Point Cadet Sufficiently Alleges Equal Protection Gender Discrimination Claim
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Various statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…

Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee Award
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In a Marchuk v. Faruqi & Faruqi (SDNY 1/28/15), a decision issued in the sexual harassment lawsuit brought by Alexandra Marchuk against Faruqi & Faruqi, Juan Monteverde, and others, Southern District of New York Judge Hellerstein addresses defendants’ motion, under Federal Rule of Civil Procedure 50, for Judgment as a Matter of Law (JMOL). Among other…

Read More Decision on Post-Trial Motion in Marchuk v. Faruqi & Faruqi Sexual Harassment Case
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Here is the recent employment discrimination lawsuit filed against HSBC, captioned Michael Preston v. HSBC Securities (USA) Inc., 14-cv-8402. Plaintiff alleges, among other things, that he was sexually harassed by a gay co-worker – which involved explicit requests for sexual favors, physically touching and fondling plaintiff, and sexual remarks about plaintiff’s penis – and then fired a…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against HSBC
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In a July 28, 2014 lawsuit filed in the Southern District of New York – captioned Rodriguez v. Jacqueline Dauhajre MD P.C. et al., 14-cv-5756 (embedded below) – plaintiff Jeffrey Rodriguez asserts that he was terminated from and/or not hired by an all-woman uptown Manhattan medical office because of his gender. Plaintiff alleges, among other things, that after…

Read More Man Rejected By Company’s “Vaginas” Who Are “Scared of Dick”, Gender Discrimination Lawsuit Alleges
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