2019

by

In Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim. The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show…

Read More Rescission of Resignation Tanked Constructive Discharge Claim, Court Holds
Share This:
by

In Rehal v Weinstein, No. 151738/2018, 2019 WL 2088435 (N.Y. Sup Ct, New York County May 13, 2019), the court denied Robert Weinstein’s motion to dismiss the complaint against him in connection with the alleged hostile work environment primarily caused by Harvey Weinstein. Among other things, the court held that the Southern District of New…

Read More Court Denies Robert Weinstein’s Motion to Dismiss Discrimination Complaint
Share This:
by

In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”
Share This:
by

In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
Share This:
by

In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber
Share This:
by

In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
Share This:
by

A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment
Share This:
by

In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…

Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge Case
Share This:
by

In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…

Read More Court Upholds NYCCHR Finding of Constructive Discharge
Share This: