Sexual Harassment

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As you may know, SCOTUS nominee Brett Kavanaugh stands accused of engaging in sexual misconduct against one, and possibly several, women, including Dr. Christine Blasey Ford. The allegations are based on conduct that allegedly occurred decades ago. This, predictably, has resulted in significant discussions, on social media and likely elsewhere, about the nature and likely…

Read More The Dangers of Failing to Report Workplace Sexual Harassment
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In a recently-filed motion, defendants Charlie Rose Inc. and Charles P. Rose move to dismiss claims against them in a lawsuit – captioned Harris et al v. CBS News Communications Inc. et al, N.Y. Sup. Ct. N.Y. Cty. INdex 154172/2018 – alleging gender discrimination, sexual harassment, and retaliation under the NYC Human Rights Law. (CBS…

Read More Charlie Rose, CBS Move to Dismiss Sexual Harassment Suit
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In a September 6, 2018 decision issued in the litigation captioned Deidre Holmes Clark v. Allen & Overy LLP, the New York Court of Appeals inter alia denied the plaintiff’s motion seeking leave to appeal a March 8, 2018 Appellate Division, First Department decision affirming a Supreme Court order dismissing plaintiff’s complaint and awarding sanctions for frivolous conduct. In this…

Read More Court of Appeals Declines to Hear Appeal of Dismissal of Sexual Harassment Lawsuit in Clark v. Allen & Overy Lawsuit
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In Garcia v. Yonkers Board of Education, 2018 WL 4007648 (S.D.N.Y. Aug. 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation complaint. Plaintiff alleged that she was terminated in retaliation for her complaints of sexual harassment. Applying the McDonnell-Douglas burden-shifting framework, the court held that plaintiff could not establish a prima facie case, and even if she…

Read More Retaliation Claim Based on Sexual Harassment Complaints Dismissed; Court Cites Intervening Causes, Severing the Chain of Causation
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The evil of discrimination based on impermissible characteristics pervades many aspects of society (including employment, housing, and public accommodations) and exists in all, or nearly all, industry sectors. Here I will discuss how it arises in connection with the practice of law.[1]I will not discuss gender discrimination arising in the course of an attorney’s employment.…

Read More Gender Discrimination in the Legal Profession
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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Starting September 6, 2018, all New York City employers will be required to display an anti-sexual harassment rights and responsibilities poster and develop a sexual harassment information sheet to be distributed to individual employees at the time of their hire. This amendment, which is part of the Stop Sexual Harassment in NYC Act, will be codified at N.Y.C. Administrative…

Read More NYC Sexual Harassment Poster Requirement
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In a Bronx Supreme Court lawsuit, captioned White v. Lighthouse Academies, Inc., INdex No. 29057/2018E (filed August 6, 2018), plaintiff – a teacher – alleges that she was subjected to retaliation following her complaints about sexually inappropriate comments by a student.

Read More Lawsuit: Teacher Alleges Retaliation Following Complaints of Sexual Harassment by Studen
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In a recently-filed lawsuit, captioned Kelly Cahill et al v. Nike, Inc. (U.S. District Court for the District of Oregon, Index No. 18-cv-01477, filed August 9, 2018), the plaintiffs (individually and on behalf of others similarly situated) allege gender discrimination under the federal Equal Pay Act, 29 U.S.C. § 206(d) and related state laws (the…

Read More Just Sue It: Gender Discrimination Lawsuit Against Nike
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