Sexual Harassment

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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Smith v. Meta Platforms, Inc., 24 Civ. 4633 (JPC), 2025 WL 2782484 (S.D.N.Y. Sept. 30, 2025), the court held that a party invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) must actually allege facts that constitute sexual harassment. Here, the plaintiff did not: To determine whether this…

Read More Non-Sexual Gender Discrimination Did Not Trigger EFAA’s Arbitration Bar
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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In Brown v. Fat Dough Incorp. doing business as Dominos Pizza, 2025 WL 2663170 (N.D.N.Y. Sept. 17, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates that even “inappropriate behavior” may fall below…

Read More Title VII Sexual Harassment Claim, Based on “Inappropriate” Comments, Dismissed
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In Pullman et al v. Collins et al, No. 24-CV-1383 (KMK), 2025 WL 2673807 (S.D.N.Y. Sept. 18, 2025), the court, inter alia, denied defendants’ motion to dismiss a plaintiff’s claim of hostile work environment sexual harassment asserted under the New York State Human Rights Law. From the decision: Next, Defendants argue that Dinsmore has failed…

Read More Sexual Harassment Claim Sufficiently Alleged Under Recently-Amended NYS Human Rights Law, Court Holds
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In Mimitz v. Safe Haven Security Services, LLC, 2025 WL 2650441 (Conn.Super. Sept. 9, 2025), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: The defendant moves for summary judgment on the ground that there exists no genuine issue of material fact as to the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged “Vulgar” Language Insufficient
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New York is a city of ambition, hustle, and incredible opportunity. But for some, the daily grind is made unbearable by a different kind of challenge: workplace bullying. While it’s a pervasive issue across the country, New York’s unique legal landscape offers both hurdles and pathways for those who are targeted. So, what exactly is…

Read More Workplace Bullying in New York
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In a recent case, In re AAM Holding Corp., 2025 WL 2433651 (2d Cir. Aug. 25, 2025), the U.S. Court of Appeals for the Second Circuit weighed in on an important aspect of federal anti-discrimination law, namely, the authority of the U.S. Equal Employment Opportunity Commission (EEOC) to continue its investigation – here, its quest…

Read More 2nd Circuit: EEOC Retains Investigative Authority Following Right-to-Sue Letter
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In Ormond v. Weinstein, No. 2024-05486, 4017, 952107/23, 2025 N.Y. Slip Op. 04755, 2025 WL 2412641 (N.Y.A.D. 1 Dept., Aug. 21, 2025), the court unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s claim asserted under the Adult Survivors Act. From the decision: Plaintiff, a well-known actress, brought this action under the Adult Survivors…

Read More Julia Ormond’s Adult Survivors Act Claim Against Harvey Weinstein et al Survives Dismissal, First Department Holds
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In Smith v. Boehringer Ingelheim Pharmaceuticals, LLC, 2025 WL 2403042 (D.Conn. Aug. 19, 2025), the court granted the defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim under Title VII of Civil Rights Act of 1964. Specifically, the court held that plaintiff’s claims did not implicate the protections of the Ending of…

Read More Sex-Based Hostile Work Environment Not Plausibly Alleged, EFAA Did Not Apply, Arbitration Compelled
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