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 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 OutfittersIn 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 SchoolIn 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” LackingIn 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 ComplaintsThe 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 HarassmentIn Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision…
Read More Court Dismisses “Quid Pro Quo” Sexual Harassment Claim; Tangible Employment Action Missing