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Same-Sex Sexual Harassment

In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of […]

Title VII of the Civil Rights Act of 1964 makes it an unlawful discriminatory practice for an employer to discriminate against an employee because of (among other protected characteristics) “sex.” The term “sexual harassment” typically conjures up images of a male boss acting inappropriately towards a female subordinate. This is one, but not the only, […]

In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual […]

In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court […]

In a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages […]

In Mykytyn v. Hannaford Bros. Co., No. 15-01427, 2016 WL 3638182 (N.Y. App. Div. 4th Dept. July 8, 2016), the court reinstated several of plaintiff’s claims, including his co-worker-based sexual harassment/hostile work environment claim. The facts, as summarized by the court: Plaintiff commenced this action seeking damages for, inter alia, employment discrimination pursuant to the […]

United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner […]

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 […]

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 […]

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.