In a recently-filed motion, defendants Charlie Rose Inc. and Charles P. Rose move to dismiss claims against them in a lawsuit – captioned Harris et al v. CBS News Communications Inc. et al, N.Y. Sup. Ct. N.Y. Cty. INdex 154172/2018 – alleging gender discrimination, sexual harassment, and retaliation under the NYC Human Rights Law. (CBS News and Communications Inc. and CBS News Inc. moved to dismiss on August 31, 2018.) The Rose defendants seek dismissal under N.Y. CPLR 3211(a)(7), on the grounds that plaintiffs’ complaint fails to state a cause of action.
In their memorandum of law (copy below), the Rose defendants assert, for example, that plaintiffs did not sufficiently allege any adverse employment actions occurred because of their gender. They also assert that plaintiffs’ complaint “attempts to seize upon routine workplace interactions and banter and spin them into actionable conduct by omitting the context and tone and using suggestive language (i.e., sexually’)” and that “[i]n the absence of the context, tone, and setting in which comments allegedly were made by Rose or in which Rose allegedly ‘touched’ any of the Plaintiffs, the Complaint does not establish that a reasonable person in Plaintiffs’ employment relationship would have perceived the alleged conduct as unwanted gender-based conduct.”