September 2016

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In Andrus v. Corning, Inc., No. 14-CV-6667-FPG, 2016 WL 5372467 (W.D.N.Y. Sept. 26, 2016), the U.S. District Court for the Western District of New York dismissed plaintiff’s Title VII hostile work environment sexual harassment claim arising from sexual comments made by plaintiff’s co-worker. She alleged: (i) In April 2013, Mr. Drane [the alleged harassing co-worker]…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Co-Worker’s Sexual Comments, While Inappropriate, Could Not Be Imputed to Employer
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A recent decision, Kennedy v. Federal Express Corp, 13-cv-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016), a sexual harassment case, illustrates that proving the existence of a hostile work environment is alone insufficient to prevail. In this case, defendant conceded for purposes of its summary judgment motion that the alleged conduct of plaintiff’s supervisor created…

Read More FedEx Not Liable For Hostile Work Environment Sexual Harassment; Faragher/Ellerth Defense Cited and Applied
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In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and…

Read More Forced Penis Touch, Among Other Allegations, Sufficient to Plausibly Allege Hostile Work Environment Sexual Harassment
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A recent decision, Smith v. JPMorgan Chase, No. 15 CIV. 808 (PAE), 2016 WL 5339548 (S.D.N.Y. Sept. 23, 2016), is instructive on the law governing settlement agreements, including those claimed to bar Title VII discrimination claims. In this case, the African American plaintiff alleged that she “was terminated after an internal investigation for a violation of…

Read More Court Holds That Settlement Agreement Was Broad Enough to Include Title VII Claims
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In Kaplan v. New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 06063 (App. Div. 2nd Dept. Sept. 21, 2016), the court reversed a CPLR 3211(a)(7) dismissal (for failure to state a claim) of plaintiff’s claims of sexual harassment and retaliation. This decision provides helpful guidance on who has what burden of…

Read More 2d Dept. Reverses Dismissal of “Masturbating Boss” Sexual Harassment Case Under the NYC Human Rights Law
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In a recently-filed Manhattan Supreme Court lawsuit, captioned Cohen v. Speyer Legacy School et al (NY Sup. Ct. NY Cty. 157853/2016), plaintiff asserts that he was subjected to discrimination based on his sexual orientation and retaliation against an elite private Manhattan school for gifted children. Plaintiff (who is gay) alleges, among other things, that he…

Read More Sexual Orientation Discrimination Lawsuit Against Speyer Legacy School
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In an employment discrimination case, it is not uncommon for a defendant/employer to seek information/documents regarding the plaintiff’s prior employment. In Roazzi v. U.S. Builders Group et al (NY Sup. Ct. Index #152129/16), an age discrimination case, defendants sought authorizations for the plaintiff’s employment records going back ten years. Judge Wright granted plaintiff’s motion for…

Read More Court Grants Protective Order Regarding Prior Employment in Age Discrimination Case
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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From St. Jean Jeudy v. City of New York, 2016 NY Slip Op 06045 (App. Div. 1st Dept. Sept. 15, 2016): It is undisputed that plaintiff made out the first three elements of his claim of invidious employment discrimination under the State and City [Human Rights Laws]. We find that he also made out the fourth…

Read More Accent-Based Race/National Origin Discrimination Claims Survive Motion to Dismiss
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In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
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