Sexual Harassment

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In a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…

Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied
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In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…

Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory Animus
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In Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here,…

Read More Hostile Work Environment Sexual Harassment Claim Against NYC Health & Hospitals Corp. Survives Summary Judgment
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In Collymore v. City of New York et al, 16-cv-8270, 2018 WL 3014093 (S.D.N.Y. June 14, 2018), the court, inter alia, dismissed plaintiff’s sexual harassment claim. “Title VII recognizes two forms of sexual harassment: direct discrimination (or ‘quid pro quo’) and ‘hostile workplace environment.’ … In addition to pleading abusive or offensive conduct, it is…

Read More Sexual Harassment Claim Dismissed; Touching Was Not “Because Of” Sex
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From Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018): We conclude that there is substantial evidence to support the determination that petitioner discriminated against each complainant by subjecting her to a sexually hostile work environment (see Matter of Father…

Read More Court Upholds State Division Findling of Hostile Work Environment Sexual Harassment
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In Tantaros v. Fox News Network, LLC et al, 17-cv-2958, 2018 WL 2731268 (SDNY May 18, 2018), the court dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claims under the federal Wiretap Act, as well as intentional infliction of emotional distress. Plaintiff alleged, inter alia, “that Defendants physically surveilled her and secretly recorded her…

Read More Court Dismisses “Retaliatory Surveillance” Claim: Tantaros v. Fox News
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In Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…

Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case
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In Pecile v. Titan Capital Group, LLC, 2018 WL 2100456 (N.Y. Sup. Ct. N.Y. Cty. Index No. 110490/2010, May 3, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment claims under the NYC Human Rights Law. From the decision: The Court finds that there are issues of fact with…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Dismissal [Pecile v. Titan Capital Group]
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In Rybnik v. MW 303 Corp., 2018 WL 2046571 (N.Y. Sup. Ct. N.Y. Cty., Index No. 158679/16, April 27, 2018), the court held that the plaintiff may amend her sexual harassment complaint. Here is the legal standard, as explained by the court: Leave to amend pleadings pursuant to CPLR §3025(b) should be freely given “absent prejudice…

Read More Sexual Harassment Plaintiff May Amend Her Complaint, Court Rules [Rybnik v. MW 303 Corp.]
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