Sexual Harassment

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In Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…

Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary Judgment
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In Gilbert v. Indeed, Inc., et al., 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, granted defendant Indeed’s motion to compel arbitration of plaintiff’s sexual harassment claims. Plaintiff’s complaint contains allegations of horrific sexual harassment, including rape. In addressing the enforceability, under New York law, of an agreement to arbitrate statutory discrimination…

Read More Court Compels Arbitration of Sexual Harassment Claims Against Indeed
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On January 7, 2020, the New York Court of Appeals – which, for those unfamiliar with New York’s court system, is our highest court – heard (remote) oral argument in the case captioned Doe v. Bloomberg, L.P. et al. In this case, plaintiff alleges, among other things, that while employed as a temporary employee for Bloomberg…

Read More NY Court of Appeals Hears Oral Argument in Case as to Individual Liability (Here, of Michael Bloomberg) Under the NYC Human Rights Law
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In Doe v. Bloomberg, LP, No. 451470/2020, 2020 WL 7495654, 2020 N.Y. Slip Op. 34235(U) (N.Y. Sup Ct, New York County Dec. 21, 2020), a sexual harassment case, the court granted defendants’ motion to compel plaintiff to amend the caption of the action to reflect her name. The court summarized the guiding principles relating to this…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Rules
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In Brittany McHenry v. Fox News Network et al, 2020 WL 7480622 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination and sexual harassment asserted under the New York City Human Rights Law. From the decision: The Amended Complaint adequately pleads claims against Murdoch for sexual…

Read More Gender Discrimination/Sexual Harassment Claims Sufficiently Stated Against George Murdoch by Brittany McHenry
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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
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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
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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
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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
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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
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