Hostile Work Environment – Page 117

July 19, 2015 by mjpospis

Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club

Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

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July 10, 2015 by mjpospis

Quid Pro Quo Sexual Harassment Claim Fails Where Too Much Time Passes Between the “Quid” and the “Quo”

In Figueroa v. Johnson, 109 F. Supp. 3d 532 (EDNY 2015), the Eastern District of New York dismissed plaintiff’s “quid pro quo” sexual harassment claim due to lack of temporal proximity. The court explained: Under Title VII, a plaintiff may seek relief for sex discrimination under two theories: (1) quid pro quo or (2) hostile…

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June 28, 2015 by mjpospis

Court Dismisses Hostile Work Environment Claim Based on “Severe” (but “Isolated”) Remarks

In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary…

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June 27, 2015 by mjpospis

Sexual Harassment Lawsuit Against Central Park Boathouse

In a sexual harassment lawsuit captioned Smalls v. Central Park Boathouse, LLC et al., 15-cv-4973 and filed in the Southern District of New York on June 25, 2015, plaintiff Akira Smalls alleges, among other things, that a manager asked her “Do you like anal?” and, after asking her where the ATM was located, told her that ATM…

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June 24, 2015 by mjpospis

Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case

In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

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June 23, 2015 by mjpospis

Retaliation Claim Survives Summary Judgment

In La Marca-Pagano v. Dr. Steven Phillips, P.C., the court denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim under the New York State Human Rights Law. Here’s the law: In order to make out a cause of action for retaliation, [a] plaintiff must show that (1) she has engaged in protected activity, (2)…

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June 22, 2015 by mjpospis

Asserted Racial Epithets and Physical Threats Plausibly Allege Racially Hostile Work Environment

The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as…

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June 20, 2015 by mjpospis

Sexual Harassment / Hostile Work Environment Lawsuit Against Elie Tahari

Here is the sexual harassment / hostile work environment federal court lawsuit, captioned Castelgrande v. Elie Tahari, Ltd. and Elie Tahari, SDNY 15-cv-04564, filed on June 16, 2015. Plaintiff alleges that the defendant(s) fired her two hours after she complained about sexual harassment, namely, Mr. Tahari’s attempt, while plaintiff was standing in a room with workers,…

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June 17, 2015 by mjpospis

Jury Awards $325K (Including Punitive Damages) to Plaintiff in Sexual Harassment / Hostile Work Environment Lawsuit Against the NYPD

On June 12, 2015, a federal jury awarded plaintiff Augustina Balu $300,000 in compensatory damages, and $25,000 in punitive damages, in her sexual harassment / hostile work environment lawsuit against the City of New York and NYPD employee Denis McAuliffe. Here is the jury’s verdict sheet in the case, captioned Balu v. City of New York et…

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June 12, 2015 by mjpospis

Same-Sex Sexual Harassment, Pregnancy Discrimination, and Retaliation Lawsuit Against Memorial Sloan Kettering

Here is the complaint, captioned Andre v. Memorial Sloan Kettering Cancer Center et al, 15-cv-04557 (SDNY June 11, 2015), in which the female plaintiff alleges, among other things, that her female supervisor sexually harassed her and fired her in retaliation for engaging in protected activity.

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