Co-Worker Harassment

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In Bailey v. The Brooklyn Hospital Center (NY Sup  Ct. NY Cty. Index No. 160752/2013 (Jan. 5, 2017), the court dismissed plaintiff’s sexual harassment claim under the New York City Human Rights Law on the ground that Brooklyn Hospital Center was not vicariously liable for the actions of the alleged harasser. Vicarious liability under the…

Read More Brooklyn Hospital Center Not Vicariously Liable for Sexual Harassment, Court Holds
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In Croci v. Town of Haverstraw, No. 2015-01366, 2017 WL 99235 (N.Y. App. Div. 2d Dept. Jan. 11, 2017), a New York appellate court upheld the dismissal of plaintiff’s sexual harassment case. This decision is instructive on when an employer will be vicariously liable for sexual harassment under the New York State Human Rights Law. Here…

Read More Town Not Vicariously Liable for Co-Worker’s Alleged Sexual Harassment; Summary Judgment Affirmed
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 1:14-CV-03461-WFK-JO, 2016 WL 7330554 (E.D.N.Y. Dec. 16, 2016), the court upheld a jury verdict for an African American plaintiff on her employment discrimination claims. This employment discrimination case, asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, “began…

Read More Court Upholds Jury Verdict in “Instagram Planet of the Apes” National Origin Discrimination Lawsuit
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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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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In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment
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Today, in Vasquez v. Empress Ambulance Service, 15-3239-cv (2d Cir. Aug. 29, 2016), the Second Circuit – in an opinion authored by Judge Calabresi – vacated a lower court’s dismissal of plaintiff’s retaliation claim under Title VII, and explicitly held “that an employer may be held liable for an employee’s animus under a ‘cat’s paw’…

Read More Second Circuit Reinstates Retaliation Claim Based on “Cat’s Paw” Theory
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In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
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In Deberry v. Brookdale Univ. Hosp. & Med. Ctr., No. 12-CV-6251(SLT)(RLM), 2016 WL 3840673 (E.D.N.Y. July 12, 2016), the court dismissed plaintiff’s discrimination, harassment, and hostile work environment claims. Here I’ll focus on its discussion of plaintiff’s hostile work environment claim. This case is instructive on the issue of when the alleged harassment may be…

Read More Court Discusses the “Imputing Conduct” Element of a Hostile Work Environment Claim
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In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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