A recent Tenth Circuit decision, Jones v. Needham Trucking LLC et al, 16-6156 (10th Cir. May 12, 2017), illustrates the close relationship between the court-recognized “hostile work environment” and “quid pro quo” forms of sexual harassment. The district court granted defendants’ partial motion to dismiss, holding that plaintiff failed to exhaust his administrative remedies for…Read More 10th Circuit Holds That Quid Pro Quo Sexual Harassment Claim Was Exhausted in EEOC Filing
In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and…Read More Sexual Harassment, Retaliation Claims Properly Dismissed Against NYC Dept. of Education
In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
In Bouveng v. NYG Capital LLC et al, No. 14 CIV. 5474 (PGG), 2016 WL 1312139 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various…Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
In a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia University
“Sexual harassment” is one type of unlawful discrimination based on “sex” under various statutes, including Title VII of the Civil Rights Act of 1964. The term “quid pro quo” is a Latin phrase that means “this for that”. In the context of employment discrimination/sexual harassment law, it has a specific meaning. “Sexual harassment claims are…Read More What is “Quid Pro Quo” Sexual Harassment?
In Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…Read More Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”
Generally speaking, sexual harassmentThis discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…Read More What is Sexual Harassment?