Sexual Harassment

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In A.B. v. Hofstra University, 17-cv-5562, 2018 WL 1935986 (E.D.N.Y., April 24, 2018), an employment discrimination/sexual harassment case, the court considered, and rejected, plaintiff’s request to proceed pseudonymously. The court provides us with an overview of the governing legal standard: Fed. R. Civ. P. 10(a) provides that the “title of [a] complaint must name all…

Read More Employment Discrimination Plaintiff May Not Proceed Pseudonymously, Court Holds [A.B. v. Hofstra University]
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In Hughes v. Twenty–First Century Fox, Inc., 17-cv-7093, 2018 WL 1936096 (S.D.N.Y. April 24, 2018),  a sexual harassment case, the court quashed defendants’ non-party subpoenas. From the decision: This Court need not consider Defendants’ argument that the subpoenaed information will assist them in formulating the defense of absolute truth with respect to Hughes’ defamation claims because…

Read More Court Quashes Non-Party Subpoenas in Sexual Harassment Case [Hughes v. Twenty-First Century Fox]
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In Jones v. The City of New York, 150316/12, 2018 WL 1256993 (N.Y.Sup.), 2018 N.Y. Slip Op. 30398(U), the court granted defendant’s motion for summary judgment as to plaintiff’s claim for sexual harassment under the New York State Human Rights Law. It reached the opposite conclusion, however, with respect to plaintiff’s claim under the New…

Read More City Law Sexual Harassment Claim Survives Dismissal [Jones v. City of NY]
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In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and…

Read More Sexual Harassment “Label” Insufficient; Claim Dismissed
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On April 11, 2018, the NYC Council enacted several laws (collectively the “Stop Sexual Harassment in NYC Act”) strengthening New York City’s anti-sexual harassment policies and combating sexual harassment in the workplace. This legislation will be among the strictest anti-sexual harassment legislation in the country. Information about the various laws can be found here (you can…

Read More NYC Council Enacts Sexual Harassment Legislative Package
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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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