In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…
Read More Damage Award For Hostile Work Environment Held ExcessiveIn Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court, inter alia, upheld a jury’s verdict on plaintiff’s hostile work environment (sexual harassment) claim under the New York State Human Rights Law. From the decision: We reject OPWDD’s argument that the verdict on…
Read More Sexual Harassment (Hostile Work Environment) Jury Verdict UpheldIn Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…
Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work EnvironmentIn Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…
Read More Same-Sex Sexual Harassment Claim DismissedIn Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…
Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court HoldsIn Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…
Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations DoctrineIn Wright v. Liao, No. 157161/2017, 2020 WL 41671 (N.Y. Sup Ct, New York County Jan. 03, 2020), the court discussed and addressed the issue of who is entitled to the protections of the New York State and City Human Rights Laws. Specifically, the court explained: In order to determine who is an employee under…
Read More Court Finds Issues of Fact as to Whether Plaintiff Was Protected by the New York State and City Human Rights LawsIn Schmitt v. Artforum International Magazine et al, No. 10080, 159496/17, 2019 N.Y. Slip Op. 09352, 2019 WL 7173975 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law, modifying the lower court’s order dismissing that claim as facially insufficient under…
Read More Retaliation Claim Survives Dismissal Against Artforum International MagazineWhile relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…
Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation CaseIn Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…
Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior