NYC Admin. Code 8–107(13)

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In Bailey v. The Brooklyn Hospital Center (NY Sup  Ct. NY Cty. Index No. 160752/2013 (Jan. 5, 2017), the court dismissed plaintiff’s sexual harassment claim under the New York City Human Rights Law on the ground that Brooklyn Hospital Center was not vicariously liable for the actions of the alleged harasser. Vicarious liability under the…

Read More Brooklyn Hospital Center Not Vicariously Liable for Sexual Harassment, Court Holds
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An employer recently learned the hard way that firing an employee – because she rejected his sexual advances – by text message is a bad idea. In Comm’n on Human Rights ex rel. Martinez v. Joseph “J.P.” Musso Home Improvement & Joseph Musso, OATH Index No. 2167/14 (Feb. 27, 2015), the New York City Office of Administrative…

Read More OMG LOL: Text Message Firing of Employee Who Opposed Sexual Harassment May Cost Employer $37K
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In Suarez v. City of New York (EDNY 11-cv-5812 March 31, 2015), the Eastern District of New York dismissed the claims by plaintiff, a deckhand on the Staten Island Ferry (and employed by the NYC Department of Transportation), that she was sexually harassed by Warren, an AlliedBarton security guard, under the NYC Human Rights Law (NYCHRL). Addressing…

Read More Staten Island Ferry Security Company Not Liable For Sexual Harassment Perpetrated by its Employee Against Non-Employee Deckhand
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In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…

Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
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The court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…

Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights Law
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