Sexual Harassment

by

In Kennedy v. Bernhardt, 2020 WL 7399050 (W.D.N.Y. Dec. 16, 2020), the court, inter alia, declined to apply the “continuing violation doctrine,” and dismissed one of her claims on failure to exhaust and timeliness grounds. After summarizing the law, the court applied it to the facts: Here, the factual allegations in the Complaint do not…

Read More Continuing Violation Doctrine Held Inapplicable in Title VII Sexual Harassment Case
Share This:
by

In Diaz v. Minhas Construction Corp., LLC, No. 2019-11504, 500909/19, 2020 N.Y. Slip Op. 06496, 2020 WL 6603105 (N.Y. App. Div. 2 Dept. Nov. 12, 2020) – an employment discrimination/sexual harassment case – the court reversed a lower court order denying plaintiff’s motion to compel certain discovery relating to other employees who engaged in conduct…

Read More Sexual Harassment Plaintiff Entitled to Other-Employee Discovery
Share This:
by

In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s quid pro quo and hostile work environment sexual harassment claims asserted under the New York State and City Human Rights…

Read More Sexual Harassment Claims (Quid Pro Quo, Hostile Work Environment) Survive Summary Judgment Against Hyatt
Share This:
by

In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. 155961/2020, 2020 NY Slip Op 33766(U) (N.Y. Sup. Ct. Nov. 12, 2020), the court granted plaintiff’s motion…

Read More Nanny Permitted to Proceed With Sexual Harassment/Assault Case Under Pseudonym
Share This:
by

In Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s same-sex sexual harassment/hostile work environment claim based on the alleged conduct of the principal (Ureña). In support of his claim that he suffered a…

Read More Same-Sex Hostile Work Environment/Sexual Harassment Claim Against NYCDOE Properly Dismissed
Share This:
by

In Pesce v. Mendes & Mount, LLP et al, 2020 WL 7028641 (S.D.N.Y. Nov. 30, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Assessing the totality of the circumstances, and noting that the Second Circuit has “repeatedly cautioned against setting the bar too…

Read More Hostile Work Environment Sexual Harassment Claim Against Mendes & Mount Survives Dismissal
Share This:
by

In Altman v. Salem Media of N.Y., LLC, 2020 NY Slip Op 06697 (App. Div. 1st Dept. Nov. 17, 2020), a discrimination/sexual harassment case, the court unanimously affirmed the lower court’s decision granting defendants’ motion to compel arbitration. This case turns on the application of New York Civil Practice Law and Rules 7515, which (in…

Read More Arbitration Compelled in Sexual Harassment Case; Employment Agreement Predated CPLR 7515’s Enactment
Share This:
by

In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
Share This:
by

In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
Share This:
by

In Legg v. Ulster County, 2020 WL 6325857 (2d Cir. Oct. 29, 2020), the court, inter alia, affirmed the lower court’s denial of defendant’s post-verdict motion for judgment as a matter of law (per Federal Rule of Civil Procedure 50(b)) on a female plaintiff officer’s hostile work environment/sexual harassment claim under Title VII of the…

Read More Hostile Work Environment Sexual Harassment Verdict Upheld
Share This: