Sexual Harassment

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In Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…

Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”
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In a lawsuit filed in Manhattan federal court on January 19, 2016, Mikolaenko v. NYU School of Medicine et al (16-cv-00413), plaintiff – a doctor – asserts (among other things) that her supervisor threatened to give her poor reviews and terminate her unless she had sex with him, propositioned plaintiff for sex, and made inappropriate…

Read More Sexual Harassment Lawsuit Against NYU School of Medicine and Others
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In a lawsuit filed on January 11, 2016 in New York Supreme Court, Sclafani v. Marie (NY Sup. Ct., Index No. 150205/2016), plaintiff alleges that while she was employed as a dental hygienist by defendant dentist Glenn Marie, he sexually harassed her and subjected her to a hostile work environment (by, e.g., asking her to give…

Read More Lawsuit Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Against Dentist Who Allegedly Wanted Plaintiff Hygienist to Give His Penis a “Cleaning”
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In Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…

Read More Sexual Harassment Hostile Work Environment Claim Insufficiently Alleged
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In her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…

Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment Lawsuit
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…

Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit
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In the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…

Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry
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In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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In Lent v. CCNH d/b/a Cortland Care Center, decided November 16, 2015, the Northern District of New York awarded plaintiff damages following defendant’s default. As set forth in the court’s June 1, 2015 decision granting plaintiff’s motion for a default judgment (which I wrote about here), In this sexual harassment case, plaintiff alleged (among other…

Read More Court Explains $1.25M Emotional Distress Damage Award in Sexual Harassment/Hostile Work Environment Case
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