Sexual Harassment

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The 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
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Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims.  The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation
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Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation.  The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…

Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial
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In Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim.  What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…

Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”
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Below is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…

Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly
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In Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…

Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting Claims
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In a recent summary order, the Second Circuit in Barrows v. Seneca Foods Corp. vacated a summary judgment for defendant on plaintiff’s same-sex sexual harassment claim. Plaintiff alleged that Sanabria [one of plaintiff’s male supervisors] constantly made vulgar comments, such as “suck my dick,” “come here and give me a blowjob,” and “[f]aggot, get the…

Read More Male-on-male sexual harassment lawsuit survives summary judgment
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Remember Alexandra Marchuk?  She’s the Vandy (!) Law grad who now finds herself as a defendant in a counter-suit (below) filed by defendants Faruqi & Faruqi and Juan Monteverde in response to the sexual harassment lawsuit she filed last month (which I wrote about here).  In it defendants seek $15 million on each of six counterclaims, including…

Read More The Empire Strikes Back: Law Firm Files $15M Counterclaim Against Ex-Associate
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Two superheroes fighting above city skyline Two superheroes fighting above city skyline

I am, of course, being facetious. Consider the following: Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance,…

Read More Should Women Be Allowed to Practice Law?
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