Below is the lawsuit, captioned Bickram v. M.A.C. Cosmetics Inc., 18-cv-2279 (SDNY March 15, 2018), recently filed in federal court against M.A.C. Cosmetics.[1]Unless otherwise noted, Pospis Law, PLLC does not represent the party in any filing referenced on this blog, including this one. The case has been assigned to Judge Paul Gardephe. [+] References ↩1 Unless…
Read More Sexual Harassment Lawsuit Against M.A.C. Cosmetics Inc.In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…
Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”In Graham v. Goodwill Industries, Inc., 16-cv-6468, 2018 WL 1318988 (EDNY March 14, 2018), the court held, inter alia, that it did not have subject matter jurisdiction over plaintiff’s sexual harassment claims under the New York State and City Human Rights Laws.[1]The court also, inter alia, dismissed plaintiff’s hostile work environment claims under Title VII of…
Read More Federal Court Lacked Subject Matter Jurisdiction Over Sexual Harassment Claims Adjudicated at State AgencyNew York City is considering legislation that would require mandatory sexual harassment training. NY Times article here: https://nyti.ms/2F49bMi. While this is a step in the right direction, it remains to be seen whether this will have any actual effect on incidents of sexual harassment.
Read More NYC Considering Mandatory Sexual Harassment TrainingIn Montanez v. McDean LLC, No. 16-cv-447, 2018 WL 1183688 (N.D.N.Y. March 6, 2018), the court granted defendant’s motion for summary judgment as to plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. After explaining the legal standard for making out a hostile work environment claim,…
Read More Sexual Harassment Claim Dismissed; “Quickly Rebuffed” “Suggestive Remarks” InsufficientIn Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the court held that plaintiff sufficiently alleged a hostile work environment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said to Plaintiff, “If I was a female, I would fuck the…
Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical TouchingIn Vasquez v. Manhattan Physician Group, 2018 WL 587135, 2018 N.Y. Slip Op. 30157(U) (N.Y. Sup. Ct. Jan. 29, 2018), the court denied the motion for summary judgment filed by defendant, a medical office, on plaintiff’s claim of sexual harassment under the New York City Human Rights Law. In sum, this cases arose from the…
Read More Public Accommodation Sexual Harassment is Actionable Under the NYC Human Rights Law, Court HoldsIn a recent lawsuit, captioned Federal Insurance Company et al v. Harvey Weinstein, NY Sup. Ct. Index No. 650952/2018 (Feb. 28, 2018), various insurance companies seek a Declaratory Judgment “that certain insurance policies it issued to Named Insured Harvey Weinstein do not provide coverage for defense or indemnity for … eleven sexual assault and sexual…
Read More Lawsuit Seeks to Avoid Insuring Harvey Weinstein re: Sexual Harassment LawsuitsIn Perez v. United Pharm USA Inc., 2018 NY Slip Op 30273(U) (Sup. Ct. Suffolk Cty. Dkt. No. 12-30974 Jan. 19, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. The court summarized plaintiff’s evidence as follows: Plaintiff testified that during her period of employment she was constantly subjected…
Read More Sexual Harassment Claims Against United Pharm USA et al Survive Summary JudgmentA recent (December 2017) Reuters/Ipsos poll, discussed at The Ladders, indicates that Americans hold wildly different views about what constitutes sexual harassment. For example, the poll reflects[1]Source that 7 out of 10 men, and 8 out of 10 women, believe that “intentionally touching anywhere on your body without consent” is sexual harassment, minorities are more likely…
Read More New Poll Reflects Disagreement, Uncertainty About What Constitutes Sexual Harassment