Hostile Work Environment

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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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Revolutionary War, Part Deux? In a complaint captioned Bottoms v. World Class Learning Academy of New York et al filed on February 28, 2013 in NY state court by Sarah Bottoms against UK-based World Class Learning Academy of New York, plaintiff alleges breach of contract, as well as discrimination and retaliation under the NYS and…

Read More “Get Rid of the Americans”: Suit Against British School
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In a recent opinion (Desardouin v. City of Rochester, No. 12-187-cv (2nd Cir. Feb. 19, 2013)), the Second Circuit reversed a summary judgment for defendant and upheld plaintiff Jewanta Desardouin’s hostile work environment claim. It held that even though her case was not an “obvious” one of hostile work environment, plaintiff’s “allegations of repeated solicitation…

Read More Plaintiff’s Hostile Work Environment Claim Survives Summary Judgment Where Supervisor Said That Plaintiff’s Husband Was “Not Taking Care of Her in Bed”
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In a recent complaint, captioned Gurievsky v. Saatch & Saatchi, NY Sup. Ct. NY Cty., Index 151547/2013, plaintiff alleges (among other things) that a creative director referred to women as “pretty prostitutes” and said that he liked the style of plaintiff’s hair “because it made her look like she had ‘just been fucked’”, and that plaintiff…

Read More Sexual Harassment Suit Filed Against Branding Company
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In a recently-issued summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s hostile work environment, retaliation, and race, gender, and disability discrimination claims.  The case, Solomon v. Southampton Union Free School District, No. 11-3935-cv, 2012 WL 6097357 (Dec. 10, 2012), illustrates yet again…

Read More In Hostile Work Environment Cases, Context Counts
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In Hernandez v. Kaisman, 2012 NY Slip Op 09191 [103 AD3d 106], the Appellate Division, First Department recently clarified that hostile work environment claims brought under the New York City Human Rights Law (NYCHRL) must be analyzed separately from, and more broadly than, similar claims brought under state and federal law. In this case the motion court…

Read More First Department Reinstates Plaintiff’s Sexual Harassment/Hostile Work Environment Claims Under the NYC Human Rights Law
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Seems like a straightforward question, right?  It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting.  However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…

Read More Who Is A “Supervisor”?
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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In Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…

Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego Liability
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On May 4th, the Second Circuit Court of Appeals reinstated plaintiff Fedie Redd’s sexual harassment / hostile work environment claim against the New York State Division of Parole based on her allegations that a female supervisor, Sarah Washington, inappropriately touched her breasts.  The case is Redd v. New York State Division of Parole, 678 F.3d 166…

Read More Second Circuit Allows Sexual Harassment Claim, Based on Touching of Breasts, To Continue
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