Sexual Harassment

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A new statute, New York Labor Law § 201-g (effective October 9, 2018), requires every employer to adopt a “sexual harassment prevention policy” that meets certain minimum requirements. The statute provides, inter alia: Such model sexual harassment prevention policy shall: (i) prohibit sexual harassment consistent with guidance issued by the department in consultation with the division…

Read More New York Requires Employers to Adopt Sexual Harassment Prevention Policy
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In Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…

Read More Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to Arbitration
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In Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…

Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.
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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography
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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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