Sexual Harassment

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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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In Suri v. Grey Global Group, Inc., 2018 NY Slip Op 05627 (App. Div. 1st Dept. August 2, 2018), the Appellate Division, First Department, modified a lower court decision, finding that summary judgment was improperly granted to defendant on plaintiff’s sexual harassment claim under the NYC Human Rights Law.[1]It nonetheless agreed that the lower court properly…

Read More Hostile Work Environment / Sexual Harassment Claim Under the NYC Human Rights Law Resurrected From Summary Judgment Dismissal
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In Ellis v. Washington, 2018 WL 3575518 (W.D.N.Y. July 25, 2018), the court held that plaintiff, who worked as part of the County’s Work Experience Program (WEP), plausibly alleged claims for sexual harassment based on her supervisor’s alleged inappropriate conduct. From the decision: Plaintiff’s Complaint plausibly alleges a Monell violation. It alleges that the County…

Read More Sexual Harassment Claim Survives Dismissal
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A recent law, New York Civil Practice Law and Rules § 5003-b (effective July 11, 2018), relates to the use of confidentiality agreements in settlements of sexual harassment cases. It provides: Notwithstanding any other law to the contrary, for any claim or cause of action, whether arising under common law, equity, or any provision of law,…

Read More New Law Limits Use of Nondisclosure Agreements in Sexual Harassment Cases
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In Daniel v. T&M Protection Resources LLC, 13-cv-43842018 WL 3388295 (S.D.N.Y. July 12, 2018), the court addressed what it characterized as “a threshold legal question,” namely, “whether a plaintiff may aggregate evidence of racial and sexual harassment to support a hostile work environment claim where neither charge could survive on its own.” On this issue,…

Read More Court Discusses “Aggregation” Approach to Hostile Work Environment
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In a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…

Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied
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