Sexual Harassment

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In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since…

Read More Federal Discrimination Claims Not Barred By State and City Law Election of Remedies, Court Holds
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From Rodriguez v. Zee Brothers, Inc., 2017 WL 2290208 (NY Sup. Ct. Bx Cty. No. 21149/2015E April 20, 2017): In this case, Defendants argue that the sexual harassment cause of action must be dismissed because there is simply no evidence of such harassment. Defendants assert “Plaintiff’s claims do not make clear whether she is proceeding…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment
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In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Staring, Inappropriate Name-Calling, & Unsolicited Touching
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A recent Tenth Circuit decision, Jones v. Needham Trucking LLC et al, 16-6156 (10th Cir. May 12, 2017), illustrates the close relationship between the court-recognized “hostile work environment” and “quid pro quo” forms of sexual harassment. The district court granted defendants’ partial motion to dismiss, holding that plaintiff failed to exhaust his administrative remedies for…

Read More 10th Circuit Holds That Quid Pro Quo Sexual Harassment Claim Was Exhausted in EEOC Filing
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In Magnusson v. County of Suffolk, No. 16-1876-CV, 2017 WL 1958699 (2d Cir. May 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sexual harassment claims under Title VII and 42 U.S.C. 1983 (Equal Protection). The court held that plaintiff’s Title VII’s claim was appropriately dismissed, because she did not follow the…

Read More Title VII Sexual Harassment Claim Dismissed Due to Failure to Follow Internal Grievance Procedures
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In Kimmel v. State, No. 36, 2017 WL 1838940 (N.Y. May 9, 2017), the New York Court of Appeals (the state’s highest court) held that the state Equal Access to Justice Act (EAJA), codified at CPLR Article 86, “permits the award of attorneys’ fees and costs to a prevailing plaintiff in an action against the State…

Read More NY Court of Appeals: Equal Access to Justice Act (EAJA) Permits Award of Attorney Fees to Prevailing Plaintiffs in Actions Against NY State Under the NYS Human Rights Law For Sex Discrimination in Employment By a State Agency
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In Santiago v. Bernard F. Dowd, Inc., 2017 NY Slip Op 30791(U) (NY Sup. Ct. NY Cty. 160442/13, April 18, 2017) (J. Jaffe), the court denied defendant’s motion for summary judgment on plaintiff’s claim of same-sex hostile work environment sexual harassment under the New York City Human Rights Law. Plaintiff, a funeral director, presented evidence…

Read More “Corpse Genitalia” Sexual Harassment Case Survives Summary Judgment
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In Rudzinski v. Jonathan L. Glashow, MD, PC, No. 502170/16, 2017 WL 1711665 (N.Y. Sup. Ct. May 1, 2017), the court held that plaintiff’s complaint contained sufficient facts to state a cognizable claim for violation of the New York State and City Human Rights Laws for unlawful discrimination and unlawful retaliation, as well as claims…

Read More Brooklyn Trial Court Holds that Plaintiff Sufficiently Alleged Hostile Work Environment Sexual Harassment Under the NYS and NYC Human Rights Laws, Intentional Infliction of Emotional Distress, Assault, and Battery
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In Misas & McIntosh v. North Shore-Long Island Jewish Health System & Julio Cardoza, No. 14CV08787ALCDCF, 2017 WL 1535112 (S.D.N.Y. Apr. 27, 2017), the court (inter alia) denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. From the decision: Contrary to Defendants’ argument, a rational trier of fact could easily…

Read More “Sausage Text Message” Among Evidence Leading to Sexual Harassment Claim Surviving Summary Judgment
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In Dole v. Town of Bethlehem, No. 1:16-CV-0173 (DJS), 2017 WL 1483451 (N.D.N.Y. Apr. 25, 2017), the court dismissed plaintiff’s sexual harassment case. Plaintiff, a police officer, alleged that “she was subjected to sexual harassment and a hostile work environment when Officer Craig Sleurs [whom plaintiff dated] sent her numerous harassing and threatening text messages…

Read More Sexual Harassment Case Dismissed; Harassment Was Not Motivated by Victim’s Sex, But Rather By Failed Personal Relationship
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