Sexual Harassment

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In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…

Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds
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Buried within the Tax Cuts and Jobs Act (signed into law on Dec. 22, 2017) is a provision, at Sec. 13307, titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection With Sexual Harassment or Sexual Abuse”. This section amends Internal Revenue Code (26 U.S.C.) 162 by adding a new section, section 162(q),…

Read More Sexual Harassment Settlements Affected By New Tax Law
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In MacCluskey v. University of Connecticut Health Center, 2017 WL 6463200 (2d Cir. Dec. 19, 2017) (Summary Order), the Second Circuit affirmed the lower court’s judgment following a jury verdict in favor of plaintiff on her sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The court framed…

Read More Sexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to Employer
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Below is the December 5, 2017 letter from U.S. Supreme Court Chief Justice John Roberts to Second Circuit Judge Robert A. Katzmann reflecting the delegation of power to investigate claims of sexual harassment/judicial misconduct against Ninth Circuit Judge Alex Kozinski. The enclosed Order (No. 17-90118), issued by the Judicial Council of the Ninth Circuit, notes…

Read More SCOTUS Taps 2d Circuit to Address Kozinski Sexual Harassment Allegations
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In Novio v. The New York Academy of Art et al, 2017 WL 6398746 (S.D.N.Y. Dec. 13, 2017), the court granted in part and denied in part defendants’ motions to dismiss plaintiff’s claims for sex discrimination, sexual harassment, hostile educational environment, unlawful retaliation, and breach of contract. She asserted her discrimination and retaliation claims under…

Read More Student’s Sexual Harassment, Retaliation Claims Survive Against School
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In Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…

Read More Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” Lacking
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In MARLINE SALVAT, Plaintiff, v. CONSTRUCTION RESOURCES CORP., EMPIRE OUTLET BUILDERS, LLC, L.P. CIMINELLI, INC., and ANTHONY SANGO, Defendants., 2017 WL 6210849, at *1 (S.D.N.Y., 2017), a sexual harassment case, the court denied the defendant’s motion to dismiss, and held that plaintiff pleaded enough to sufficiently allege that that entity was her “joint employer”, and…

Read More Sexual Harassment Plaintiff Sufficiently Alleges Joint Employment and Failure to Respond to Plaintiff’s Complaints
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The New York State and City Human Rights Laws explicitly protect interns against discrimination, including sexual harassment. For example, the NYS Human Rights Law provides, inter alia: It shall be an unlawful discriminatory practice for an employer to … refuse to hire or employ or to bar or to discharge from internship an intern or…

Read More Interns Are Protected Against Discrimination and Sexual Harassment
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