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Sexual Harassment

In Bailey v. N.Y. Law Sch., No. 16 CIV. 4283 (ER), 2017 WL 835190 (S.D.N.Y. Mar. 1, 2017) (J. Ramos), the court held that plaintiff (a law student) sufficiently alleged a retaliation claim (but not a “deliberate indifference” claim) under Title IX of the Educational Amendments Act of 1972. This case arose from an alleged […]

In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s […]

Over the years, courts have developed a sophisticated burden-shifting analysis and framework for evaluating employment discrimination and retaliation claims under the various anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. A recent decision explains why a jury should not be […]

In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment […]

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 […]

In a recently-filed sexual harassment lawsuit, captioned Green v. Exusia, Inc. and Trevor Silver (N.Y. Sup. Ct. Index # 151989/2017, filed March 1, 2017), plaintiff (a lawyer) asserts claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws against defendants Exusia, Inc. (a New York based […]

In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The […]

In Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC […]

In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her […]

Happy Valentine’s Day! While this holiday of (ahem) love may bring back fond memories of grade-school card and candy swapping, it’s important to remember that bringing romance into the workplace – even (or maybe especially) on Valentine’s Day – presents risks, most notably of a sexual harassment/hostile work environment lawsuit. Consider, for example, the case of Pugni […]