Sexual Harassment

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In Chauca v. AdvantageCare Physicians, P.C., 2019 WL 4247495 (E.D.N.Y. Sept. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. The court summarized the basic elements of such a claim: To show that she was subjected to sex discrimination by virtue of a hostile work environment, plaintiff must show that…

Read More Sexual Harassment Claim Dismissed; Alleged Comments Were “Equally Offensive” to Men and Women
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In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds
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In Bailey v. Sheehan, 2019 WL 3975453 (NDNY August 22, 2019), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: There remain a number of relevant factual disputes in this case as to what conduct Defendant actually engaged in, including whether Defendant yelled at Plaintiff and…

Read More Hostile Work Environment Sexual Harassment Claim, Including “Dominatrix” Comment, Survives Summary Judgment
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In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim. Initially, the court held that plaintiff was properly precluded from relying on her deposition testimony to raise a genuine issue of fact about giving…

Read More Citing Plaintiff’s “Crude Remark”, 2d Circuit Affirms Dismissal of Gender Discrimination Claim; Pretext Not Shown
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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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Today, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…

Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights Law
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In Delever v One Taste Inc., No. 161172/2018, 2019 WL 3457260 (N.Y. Sup Ct, New York County July 31, 2019), the court dismissed plaintiff’s various claims, including for sexual harassment, intentional infliction of emotional distress, fraud, and breach of contract. In sum, plaintiff claimed (inter alia) that defendant’s sales director promised her that she could…

Read More Sexual Harassment Claim Dismissed; Plaintiff Was Not an “Employee”
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In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter:…

Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young
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