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 WeinsteinIn 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 PolicyThe 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 AmericaIn 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 HouseIn 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 ProvisionsIn 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 GroundsBuried 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 LawIn 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 EmployerBelow 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 AllegationsIn Swiderski v. Urban Outfitters, 14-cv-6307 (SDNY Dec. 18, 2017), the court held that plaintiff presented enough evidence of sexual harassment to survive summary judgment. This case arose from sexual harassment by, inter alia, a customer and by a loss prevention agent employed by defendant. Here is the decision:
Read More Sexual Harassment Claim Survives Against Urban Outfitters