In a new lawsuit, captioned Rehal v. Harvey Weinstein et al, SDNY 18-cv-00674 (filed January 25, 2018), plaintiff (Harvey Weinstein’s personal assistant) asserts, inter alia, that she “was forced to work in a pervasive and severe sexually hostile work environment at The Weinstein Company LLC and The Weinstein Company Holdings LLC[], defined by endless offensive,…
Read More Sexual Harassment Lawsuit Against Harvey WeinsteinFrom DeBello v. VolumeCocomo Apparel, Inc., 2017 WL 6616704, at *3 (C.A.2 (N.Y.), 2017): We conclude … that in the circumstances here, DeBello’s public policy argument does not overcome the presumption that “a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases.” Atl. Marine, 134 S.Ct. at 581 (alteration in…
Read More 2d Circuit: Employment Agreement’s Venue Selection Clause Trumps Title VII’s Venue ProvisionIn Mula v. AbbVie, Inc., 15-CV-6563-FPG, 2018 WL 501277 (W.D.N.Y. Jan. 22, 2018), the court granted summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. In sum, plaintiff alleged that she was sexually harassed by her supervisor (McCutchan) and then subjected to retaliation for complaining about it. Among other things, plaintiff claimed that…
Read More Hostile Work Environment Claim Dismissed, In Light of Evidence That Employer Followed its Anti-Discrimination PolicyThe Producers Guild of America has recently issued Anti-Sexual Harassment Guidelines. Those Guidelines [PDF], according to the PGA’s website, comprise “information and recommendations as first steps to preventing and responding to harassment in the workplace” and “are provided to assist … in creating policies and programs and to assist individuals in responding to harassing behavior.”
Read More Sexual Harassment Guidelines Issued by Producers Guild of AmericaFrom JILL S. MEYER, M.D., Plaintiff-Appellant, v. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee,, 2018 WL 480478, at *2 (C.A.2 (N.Y.), 2018) (Summary Order): There is no basis to infer age discrimination from Meyer’s failure to obtain the staff psychiatrist position: she fails to identify any evidence that the reason the NJ VA did…
Read More Age Discrimination Claim Properly Dismissed; Hiring of Younger Workers Alone InsufficientIn Gachette v. Metro North-High Bridge, 2018 WL 456723 (2d Cir. Jan. 18, 2018) (Summary Order), the Second Circuit vacated the district court’s dismissal of plaintiff’s disparate treatment claims, in light of an unresolved discovery dispute. From the Order: At the start, we conclude that vacatur is appropriate as to Gachette’s claims of disparate treatment…
Read More Employment Discrimination Claims Should Not Have Been Dismissed in Light of Discovery DisputeOne venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…
Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge ClaimsIn a recently-filed sexual harassment lawsuit, plaintiffs – both EMTs – assert claims of, inter alia, harassment and retraction for complaining about it. The lawsuit (filed in the Eastern District of New York on January 16, 2018) is captioned Ruiz et al v. Bay Shore Brightwaters Rescue Ambulance, Inc. et al., 18-cv-00280.
Read More Sexual Harassment Lawsuit Includes Reference to Sexually-Explicit Gingerbread HouseIn McGuire-Welch v. The House of the Good Shepherd, 16-4095, 2018 WL 443487 (2d Cir. Jan. 17, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. The court applied the principle that “anti-discrimination law does not…
Read More Stupid and Wicked? Maybe. Discrimination? Not NecessarilyIn Olivier v. County of Rockland et al, 15-CV-8337, 2018 WL 401187 (SDNY Jan. 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim, on the ground that it was based on time-barred conduct. The court began by observing: “Plaintiff’s Amended Complaint appears to rehash— at times in a verbatim fashion—the same time-barred disparate…
Read More Court Dismisses Race-Based Hostile Work Environment Claim, As It Was Based on Time-Barred Conduct