Quid Pro Quo Sexual Harassment
Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action Missing
In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision…
Read More Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action MissingSexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms
In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…
Read More Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/ParadigmsQuid Pro Quo Sexual Harassment Claim Against FedEx Resurrected
In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also…
Read More Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected“Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…
Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court HoldsSexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.
In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid…
Read More Sexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.10th Circuit Holds That Quid Pro Quo Sexual Harassment Claim Was Exhausted in EEOC Filing
A recent Tenth Circuit decision, Jones v. Needham Trucking LLC et al, 16-6156 (10th Cir. May 12, 2017), illustrates the close relationship between the court-recognized “hostile work environment” and “quid pro quo” forms of sexual harassment. The district court granted defendants’ partial motion to dismiss, holding that plaintiff failed to exhaust his administrative remedies for…
Read More 10th Circuit Holds That Quid Pro Quo Sexual Harassment Claim Was Exhausted in EEOC FilingSexual Harassment Lawsuit Against Olive Garden
In a recently-filed lawsuit, Baker v. Olive Garden et al., EDNY 17-cv-00392 (filed 1/25/17), plaintiff (an Olive Garden waitress) alleges, inter alia, that she was subjected to sexual harassment – including sexual comments and touching – by her manager.
Read More Sexual Harassment Lawsuit Against Olive GardenGender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)
In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender…
Read More Gender/National Origin Discrimination Claim Dismissed; Comparators Also Required to Work Holidays (Including Thanksgiving)NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…
Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment