Sexual Harassment

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In Milan v. Sprint Corporation, 2018 WL 1665690 (E.D.N.Y. April 6, 2018), a sexual harassment case, the court affirmed a Magistrate Judge’s Order granting plaintiff’s motion to compel discovery. Plaintiff sought, inter alia, “complaints of sexual harassment, gender discrimination, and/or retaliation against Sprint, including but not limited to complaints through the ‘Sprint’s Ethics Hotline’ and…

Read More Court Compels Discovery of Sexual Harassment Complaints in Lawsuit Against Sprint
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In New York City Transit Authority v. Phillips, 2018 NY Slip Op 02442, 2018 WL 1719789 (N.Y. App. Div. 1st Dept. April 10, 2018), the court reversed a lower court decision and held that the arbitrator should have found that a Transit Authority employee (Aiken) subjected another (Melendez) to inappropriate and unwelcome comments of a sexual…

Read More Arbitrator Should Have Found That Transit Authority Employee Engaged in Sexual Harassment, First Department Holds
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In Bell v. Baruch College—CUNY, 16-cv-8378, 2018 WL 1274782 (S.D.N.Y. March 9, 2018), the court granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, but denied its motion to dismiss plaintiff’s Title VII retaliation claim. In sum, plaintiff – a…

Read More Retaliation Claim, But Not Female-on-Male Sexual Harassment (Hostile Work Environment) Claim, Survives Dismissal
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In Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…

Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment Allegations
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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her retaliation claim under the NYC Human Rights Law.…

Read More Retaliation Claim, Based on Reaction to Sexual Harassment Complaints, Survives Summary Judgment Against NYC Dept. of Education
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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her claims of gender discrimination (hostile work environment sexual…

Read More Hostile Work Environment (Sexual Harassment) Claim Against Department of Education Survives Summary Judgment
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In Richardson v. Manhattan New York City Transit Authority, 2018 WL 1547593 (2d Cir. March 29, 2018) (Summary Order), the Second Circuit vacated the lower court’s decision dismissing the pro se plaintiff’s Title VII gender discrimination claim, on the ground that plaintiff did not allege facts showing that the alleged harassment was “motivated by” her…

Read More Gender Discrimination Claim Stated; Allegations Included Male Coworker Calling Plaintiff a “Bitch”
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From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section…

Read More NY Whistleblower Law’s Election-of-Remedies Provision Does Not Preclude Hostile Work Environment and Retaliation Claims, Court Holds
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In Jones v. Target Corporation, 15-CV-4672, 2018 WL 1377301 (EDNY March 16, 2018), the court, inter alia, dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. In sum, defendant terminated plaintiff for violating its drug-free workplace policy after marijuana was found in the employee locker room. According to her, the marijuana was…

Read More Court Dismisses Retaliation Claim Against Target; “Cat’s Paw” Theory Inapplicable
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Below is the lawsuit, captioned Bickram v. M.A.C. Cosmetics Inc., 18-cv-2279 (SDNY March 15, 2018), recently filed in federal court against M.A.C. Cosmetics.[1]Unless otherwise noted, Pospis Law, PLLC does not represent the party in any filing referenced on this blog, including this one. The case has been assigned to Judge Paul Gardephe.  [+] References ↩1 Unless…

Read More Sexual Harassment Lawsuit Against M.A.C. Cosmetics Inc.
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