In 2010, plaintiff Geralyn Ganci alleged, in a federal court complaint against U.S. Limousine Service Ltd. and Raymond Townsend, that she was subjected to hostile work environment and quid pro quo sexual harassment (including in person and by phone calls/text messages) by her boss Raymond Townsend and fired for rejecting his advances. Among the “vile and…
Read More $700,000+ Award in Limousine Company Sexual Harassment CaseAn employer recently learned the hard way that firing an employee – because she rejected his sexual advances – by text message is a bad idea. In Comm’n on Human Rights ex rel. Martinez v. Joseph “J.P.” Musso Home Improvement & Joseph Musso, OATH Index No. 2167/14 (Feb. 27, 2015), the New York City Office of Administrative…
Read More OMG LOL: Text Message Firing of Employee Who Opposed Sexual Harassment May Cost Employer $37KThe law relating to the use of social media in litigation continues to evolve. A recent decision issued by the U.S. District Court for the Eastern District of New York, Caputi v. Topper Realty Corp. (decided Feb. 25, 2015), provides additional insight into how judges deal with this increasingly important issue. In Caputi, a wage-and-hour case, defendants…
Read More Court Allows Partial Access to Plaintiff’s Facebook AccountIn Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…
Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. HoldsIn Lozada v. Elmont Fire Dept., decided July 22, 2014, the New York State Division of Human Rights found that complainant, volunteer firefighter Beatrie Lozada, was subjected to a sexually hostile work environment in violation of the New York State Human Rights Law. It dismissed, however, her claims that she was subject to discrimination based on…
Read More “Badonkadonk” Sexual Harassment Results in $60,000 Award to Volunteer FirefighterIn Seubert v. Deluty, a Nassau County judge awarded, after an inquest following defendant’s default, damages to compensate plaintiff for sexual harassment she suffered while employed as a part-time dental assistant and receptionist for defendant dentist. It also set aside a transfer of property from defendant dentist to his wife as a fraudulent conveyance. Plaintiff alleged that defendant…
Read More Dental Assistant Awarded Damages in Sexual Harassment SuitIn Malik v. American International Group, Inc., the Supreme Court, Queens County denied defendants’ summary judgment motions regarding a number of plaintiff’s claims, including sexual harassment (quid pro quo and hostile work environment), race discrimination, and disability discrimination under the New York State Human Rights Law. Time Bar and Continuing Violation Doctrine Defendants argued that plaintiff’s claims…
Read More Issues of Fact Preclude Summary Judgment for Defendant on Sex, Race, and Disability Discrimination ClaimsThe New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…
Read More Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual Harassment