Same-Sex Sexual Harassment

In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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On October 21, 2015, Governor Cuomo signed into law several bills, collectively known as the “Women’s Equality Act” (Assembly Bill No. A08070), that will accord greater protections to women in the workplace. These new laws will take effect 90 days after signing, in January 2016. According to the Governor’s website, this legislation “will help to ensure that…

Read More Governor Cuomo Signs “Women’s Equality Act”
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Here is the complaint, captioned Andre v. Memorial Sloan Kettering Cancer Center et al, 15-cv-04557 (SDNY June 11, 2015), in which the female plaintiff alleges, among other things, that her female supervisor sexually harassed her and fired her in retaliation for engaging in protected activity.  

Read More Same-Sex Sexual Harassment, Pregnancy Discrimination, and Retaliation Lawsuit Against Memorial Sloan Kettering
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In a lawsuit filed April 2, 2015 and captioned Lombardi v. CBS Broadcasting, Inc. et al., 15-cv-02516, plaintiff Lombardi asserts various claims against defendant CBS, including gender discrimination, retaliation, constructive discharge, aiding and abetting discrimination, and hostile work environment. Among other allegations, plaintiff (who is male) alleges that at CBS’ December 2013 holiday party, a…

Read More Same-Sex Sexual Harassment Lawsuit Against CBS
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Here is the complaint recently filed by plaintiff against his employer, Wall Street Languages, Ltd. (d/b/a Rennert International), alleging sexual harassment. Specifically, plaintiff claims that his male supervisor subjected him to numerous instances of harassing conduct, including asking plaintiff about the size of his penis and inviting him to an all-male, naked pool party.

Read More Same-Sex Sexual Harassment Lawsuit Against Wall Street Languages d/b/a Rennert International
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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 Semmler v. County of Monroe, decided August 6, 2014, the Western District of New York reiterated that not all complaints of perceived discrimination will constitute “protected activity” necessary to make out a claim of retaliation. Specifically: A plaintiff cannot establish a prima facie case of retaliation [under Title VII] unless she has engaged in protected activity.…

Read More Not Every Complaint of Discrimination is “Protected Activity” Sufficient to Give Rise to a Retaliation Claim
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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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In a recent summary order, the Second Circuit in Barrows v. Seneca Foods Corp. vacated a summary judgment for defendant on plaintiff’s same-sex sexual harassment claim. Plaintiff alleged that Sanabria [one of plaintiff’s male supervisors] constantly made vulgar comments, such as “suck my dick,” “come here and give me a blowjob,” and “[f]aggot, get the…

Read More Male-on-male sexual harassment lawsuit survives summary judgment
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On May 4th, the Second Circuit Court of Appeals reinstated plaintiff Fedie Redd’s sexual harassment / hostile work environment claim against the New York State Division of Parole based on her allegations that a female supervisor, Sarah Washington, inappropriately touched her breasts.  The case is Redd v. New York State Division of Parole, 678 F.3d 166…

Read More Second Circuit Allows Sexual Harassment Claim, Based on Touching of Breasts, To Continue
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