Sexual Harassment
Sex Discrimination Cases Are More Likely to Settle Under Female Judges, Study Finds
A recent study (summary here, abstract here) indicates that plaintiffs bringing sex discrimination cases fare better when a female judge is assigned to the case. The summary lists the following “key findings”: Whenever a female judge is assigned to the case, plaintiffs are 6.7 percentage points more likely to settle and 7.1 percentage points more…
Read More Sex Discrimination Cases Are More Likely to Settle Under Female Judges, Study Finds2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not Improper
In Picarella v. HSBC Securities (USA) Inc., 2018 WL 627517 (2d Cir. Jan. 31, 2018) (Summary Order) – an employment discrimination case – the Second Circuit declined to upset a jury verdict and resulting judgment in favor of defendant HSBC. Plaintiff asserted claims of retaliation under Title VII of the Civil Rights Act of 1964…
Read More 2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not ImproperNew Poll Reflects Disagreement, Uncertainty About What Constitutes Sexual Harassment
A recent (December 2017) Reuters/Ipsos poll, discussed at The Ladders, indicates that Americans hold wildly different views about what constitutes sexual harassment. For example, the poll reflects[1]Source that 7 out of 10 men, and 8 out of 10 women, believe that “intentionally touching anywhere on your body without consent” is sexual harassment, minorities are more likely…
Read More New Poll Reflects Disagreement, Uncertainty About What Constitutes Sexual HarassmentRetaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…
Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” PlaintiffSexual Harassment Lawsuit Against Harvey Weinstein
In a new lawsuit, captioned Rehal v. Harvey Weinstein et al, SDNY 18-cv-00674 (filed January 25, 2018), plaintiff (Harvey Weinstein’s personal assistant) asserts, inter alia, that she “was forced to work in a pervasive and severe sexually hostile work environment at The Weinstein Company LLC and The Weinstein Company Holdings LLC[], defined by endless offensive,…
Read More Sexual Harassment Lawsuit Against Harvey WeinsteinHostile Work Environment Claim Dismissed, In Light of Evidence That Employer Followed its Anti-Discrimination Policy
In Mula v. AbbVie, Inc., 15-CV-6563-FPG, 2018 WL 501277 (W.D.N.Y. Jan. 22, 2018), the court granted summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. In sum, plaintiff alleged that she was sexually harassed by her supervisor (McCutchan) and then subjected to retaliation for complaining about it. Among other things, plaintiff claimed that…
Read More Hostile Work Environment Claim Dismissed, In Light of Evidence That Employer Followed its Anti-Discrimination PolicySexual Harassment Guidelines Issued by Producers Guild of America
The Producers Guild of America has recently issued Anti-Sexual Harassment Guidelines. Those Guidelines [PDF], according to the PGA’s website, comprise “information and recommendations as first steps to preventing and responding to harassment in the workplace” and “are provided to assist … in creating policies and programs and to assist individuals in responding to harassing behavior.”
Read More Sexual Harassment Guidelines Issued by Producers Guild of AmericaSexual Harassment Lawsuit Includes Reference to Sexually-Explicit Gingerbread House
In a recently-filed sexual harassment lawsuit, plaintiffs – both EMTs – assert claims of, inter alia, harassment and retraction for complaining about it. The lawsuit (filed in the Eastern District of New York on January 16, 2018) is captioned Ruiz et al v. Bay Shore Brightwaters Rescue Ambulance, Inc. et al., 18-cv-00280.
Read More Sexual Harassment Lawsuit Includes Reference to Sexually-Explicit Gingerbread HouseSexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions
In Chandler v. Houghton Mifflin Harcourt Publishing Co. et al, 2018 WL 357294 (N.D.N.Y. Jan. 10, 2018), the court dismissed plaintiff’s claims of, inter alia, sexual harassment. In an attempt to evade dismissal, plaintiff argued that the terms of the Separation Agreement and Release she executed “have been invalidated due to the actions of Defendant”…
Read More Sexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions