Sexual Harassment

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In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
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In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber
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In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…

Read More Court Upholds NYCCHR Finding of Constructive Discharge
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In Barbini v. First Niagara Bank, N.A., 16-cv-7887, 2019 WL 1922041 (S.D.N.Y. April 29, 2019), the court held, inter alia, that defendant waived the attorney-client privilege in connection with asserting the Faragher/Ellerth defense to plaintiffs’ sexual harassment claims. Under that defendant may escape liability if it can show two things, namely, (1) the employer exercised reasonable care…

Read More Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds
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In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court wrote: Collymore alleges that Lisa Maluf, her…

Read More Sexual Harassment Claim Dismissal Affirmed; Touching Not Shown to be “Because of” Plaintiff’s Sex
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In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court denied defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim, but granted its motion for remittitur as to the jury’s damage awards for compensatory/emotional distress damages and punitive damages.…

Read More Jury Verdict of Retaliation for Complaints of Sexual Harassment Against Columbia University Professor Upheld
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Last year, New York enacted several pieces of legislation that enhance protections for sexual harassment victims. One such provision, codified in CPLR 7515, prohibits (with certain exceptions) mandatory arbitration of sexual harassment claims. The law provides, in full: (a) Definitions. As used in this section: 1. The term “employer” shall have the same meaning as…

Read More New York Law Prohibiting Mandatory Arbitration in Sexual Harassment Cases
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It is not uncommon for a legal claim to be resolved by settlement. In such cases, the settlement will in all likelihood be memorialized in a settlement agreement which – in addition to setting out the basics of the agreement (i.e., a release of claims in exchange for monetary compensation) – will include additional provisions.…

Read More New York Law Limiting Use of Nondisclosure Agreements in Sexual Harassment Cases
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A (relatively) recent (April 12, 2018) New York State law, Executive Law §  296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…

Read More New York Law Prohibiting Sexual Harassment Relating to Non-Employees
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