Sexual Harassment, Sex Discrimination Claims Survive Dismissal Against High Hopes Films, LLC, Court Rules

In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sex discrimination and sexual harassment under the New York State and New York City Human Rights Law.

From the decision:

It is well established that to state a claim for sexual harassment, a plaintiff must show that (1) [they] belong to a protected group, (2) [they were] subject to unwelcome sexual harassment and (3) the harassment complained of was based on [their] sex. Plaintiff’s Complaint alleges that ‚ÄúDefendants discriminated against Plaintiff on the basis of her sex and gender by targeting her female characteristi[c]s for sexual harassment, and on account of her status as a women altering the terms and conditions of her work, creating a hostile work environment, interfering with her ability to carry out her work duties, and ultimately terminating her employment[.] [Citation omitted.]

Based on this, the court held that plaintiff has made sufficient allegations to state a claim for sexual harassment and gender discrimination, and thus denied defendants’ motion to dismiss this cause of action.

The court further denied defendants’ motion to dismiss plaintiff’s claims for retaliation, intentional infliction of emotional distress, defamation, breach of contract, and tortious interference with business relations.

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