Sexual Harassment

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In Green v. New York City Transit Authority et al, 15-cv-8204, 2020 WL 5632743 (S.D.N.Y. Sept. 21, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. Federal & State Law As to plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment/Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Name-Calling, Pornography
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Boyce v. Weber and Little Bear, Inc., 19-cv-3825, 2020 WL 5209526 (S.D.N.Y. Sept. 1, 2020), the court denied defendants’ motion for summary judgment (except in one respect) on plaintiff’s claims under the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. § 1591 et seq.; the New York State Human Rights Law; and the New York…

Read More Trafficking Victims Protection Act Lawsuit Continues Against Fashion Photographer
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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In Guillebeaux v. H.E.L.P. Homeless Services Corporation et al, 2020 WL 4731420 (S.D.N.Y. August 14, 2020) – a sexual harassment/hostile work environment case – the court denied plaintiff’s motion for reconsideration of the court’s earlier ruling declining to prevent a representative of defendant from attending the (remote) deposition of plaintiff. The court provides the following…

Read More Sexual Harassment Deposition May be Attended by Defendant Representative, Court Rules
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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In a recent case, Jane Doe[s] v. JetBlue Airways Corporation et al, 2020 WL 4605216 (E.D.N.Y. Aug. 11, 2020), the court discussed and applied Title VII of the Civil Rights Act of 1964’s venue provision. The alleged facts of this case, involving the rape of female flight attendants, are horrific. However, the court did not address…

Read More Sexual Harassment Case Dismissed; Eastern District of New York Venue Improper
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In Mancilla v. ABM Industries, Inc., 2020 WL 4432122(S.D.N.Y. July 29, 2020), a sexual harassment/assault case, the court granted defendants’ motion to compel arbitration. The facts of this case, as alleged, are horrific: Plaintiff reported to work on the night of September 17, 2018, and was informed that her ABM supervisor that night would be…

Read More Arbitration Compelled in Sexual Harassment/Assault Case Against ABM
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In a recent decision, captioned Judd v. Weinstein, 2:18-cv-05724 (9th Cir. July 29, 2020), the U.S. Court of Appeals for the Ninth Circuit revived Ashely Judd’s sexual harassment lawsuit against Harvey Weinstein, overturning a district court’s dismissal of plaintiff’s claim under § 51.9 of the California Civil Code. From the Opinion: In sum, we conclude…

Read More Ninth Circuit Revives Ashley Judd’s Sexual Harassment Lawsuit Against Harvey Weinstein
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In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…

Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not Required
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