Sexual Harassment

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It has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen…

Read More $75,000 Sexual Harassment/Hostile Work Environment Settlement Against Town of Smithtown and Highway Superintendent Glenn Jorgensen
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to…

Read More Court Explains Damages in Sexual Harassment/Unpaid Overtime Case Upon Defendant’s Default
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In Self v. Mixmaster, LLC, 2015 NY Slip Op 31938(U) (N.Y. Sup. Ct. Kings Cty. Oct. 19, 2015), the court denied defendants’ motion to dismiss plaintiff’s NYC Human Rights Law (NYCHRL) (sexual harassment, gender discrimination, and retaliation), intentional infliction of emotional distress, and negligent infliction of emotional distress claims. Defendants argued that plaintiff’s claims under…

Read More Sexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights Law
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In a recent lawsuit filed in Manhattan federal court (captioned Harwell v. Consolidated Edison Co. of NY, 15-cv-08511 (SDNY filed 10/28/15), plaintiff (an African American woman) asserts, among other things, that she was subjected to race discrimination, gender discrimination, and a hostile work environment by her employer, Con Ed.

Read More Race/Gender Discrimination, Sexual Harassment Lawsuit Against Con Edison
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In Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…

Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPS
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“Sexual harassment” is one type of unlawful discrimination based on “sex” under various statutes, including Title VII of the Civil Rights Act of 1964. The term “quid pro quo” is a Latin phrase that means “this for that”. In the context of employment discrimination/sexual harassment law, it has a specific meaning. “Sexual harassment claims are…

Read More What is “Quid Pro Quo” Sexual Harassment?
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In Parker v. Workmen’s Circle Ctr. of the Bronx, Inc., No. 14CV5327-LTS, 2015 WL 5710511 (S.D.N.Y. Sept. 29, 2015), the Southern District of New York held that plaintiff sufficiently alleged her gender discrimination, sexual harassment, and hostile work environment claims. The Facts The court summarized plaintiff’s allegations, as set forth in her federal complaint, as…

Read More Retaliation, Hostile Work Environment, Gender Discrimination Claims Sufficiently Alleged Against Workmen’s Circle Center of the Bronx
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The New York City Human Rights Law is a broad statute that can be of enormous benefit to a plaintiff alleging, for example, employment discrimination, sexual harassment, and retaliation. That is, of course, when it applies. As illustrated by Lambui v. Collins, No. 14-CV-6457 JS AYS, 2015 WL 5821589 (E.D.N.Y. Sept. 30, 2015), the NYCHRL’s…

Read More Court Dismisses Sexual Harassment Lawsuit, Citing NYC Human Rights Law’s Limited Geographic Reach
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In New York, particularly New York City, employees are protected against discrimination (including sexual harassment and retaliation) by various laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Although these laws are similar in some respects, they differ…

Read More Individual Liability For Sexual Harassment Requires Participation, Court Holds
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