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 RulesIn 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 McHenryIn 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 CaseIn 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 DiscoveryIn 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 HyattIn 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 PseudonymIn 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 DismissedIn 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 DismissalIn 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 EnactmentIn 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