Sexual Harassment

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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Drice v. My Merch. Servs., LLC, 2016 WL 1266866 (E.D.N.Y. Mar. 4, 2016), Eastern District of New York Magistrate Judge Go recommended that plaintiff be awarded (among other damages) $20,000 for emotional distress. (Judge Brodie adopted the Magistrate’s report at 2016 WL 1266948 (E.D.N.Y. Mar. 31, 2016)). The below excerpts are from the Magistrate’s report and recommendation.…

Read More Court Awards Sexual Harassment Plaintiff Emotional Distress Damages of $20,000 Following Defendants’ Default
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In Shalom v. Hunter Coll. of City Univ. of New York, No. 14-3426-CV, 2016 WL 1358607 (2d Cir. Apr. 6, 2016), the Second Circuit affirmed the district court’s dismissal of plaintiff’s claims under Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) for (1) quid pro quo sexual harassment, (2) hostile educational environment,…

Read More Second Circuit Affirms Dismissal of Title IX Quid Pro Quo Sexual Harassment, Hostile Educational Environment, and Retaliation Claims
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An employee who voluntarily leaves a job “without good cause” is not entitled to unemployment insurance benefits. New York Labor Law § 593. But what amounts to “good cause”? The case law teaches that that is a fact-specific determination. In Matter of Labbate, 2016 NY Slip Op 02898 (App. Div. 3d Dept. April 14, 2016), the…

Read More Sexual Harassment Was “Good Cause” to Leave Job; Unemployment Benefits Upheld
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In a lawsuit filed this week, captioned Villalta v. JS Barkats PLLC and Sunny Barkats, 16-cv-2772 (SDNY filed April 13, 2016), plaintiff asserts claims of gender discrimination and quid pro quo and hostile work environment sexual harassment against a Manhattan law firm and its owner. Plaintiff alleges, among other things: Defendant [Sunny] Barkats exploited Plaintiff, who…

Read More Sexual Harassment Lawsuit Against Manhattan Law Firm JS Barkats PLLC
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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In Bouveng v. NYG Capital LLC et al, No. 14 CIV. 5474 (PGG), 2016 WL 1312139 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In Pawson v. Ross, 2016 NY Slip Op 02502 (App. Div. 3d  Dept. March 31, 2016), an upstate appellate court held that defendants should have been granted summary judgment dismissing plaintiff’s complaint alleging hostile work environment sexual harassment under the New York State Human Rights Law. After stating the relevant law, the court proceeded to apply…

Read More “Reprehensible” Conduct (Including “Butt Swats” and “Spanking” Comments) Held Insufficient to Establish Sexual Harassment Hostile Work Environment Under NYS Human Rights Law
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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