Sexual Harassment

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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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In Vasquez v. Empress Ambulance Serv., Inc., No. 14 CIV. 8387 NRB, 2015 WL 5037055 (S.D.N.Y. Aug. 26, 2015), the court addressed the following question: [W]hether an employer is liable for unlawfully retaliating against a plaintiff employee when (1) the plaintiff reports that a coworker [here, Gray] has sexually harassed her, (2) the employer promptly…

Read More Court Discusses and Applies “Cat’s Paw” Theory in Sexual Harassment/Retaliation Case
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Rensselaer Cnty. Sheriff’s Dep’t v. New York State Div. of Human Rights, No. 520239, 2015 WL 4757612 (N.Y. App. Div. 3d Dept. Aug. 13, 2015), the court upheld the determination of the New York State Division of Human Rights that the petitioner engaged in unlawful gender discrimination. The court discussed some of the evidence presented…

Read More Court Upholds Sexual Harassment/Hostile Work Environment Finding in Corrections Employee’s Favor by State Division of Human Rights
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Here is the recently-filed sexual harassment complaint, captioned Campisi v. City University of New York and Dean George Ranalli, SDNY 15-cv-04859, in which plaintiff alleges that she was subjected to sexual harassment. She seeks relief under Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681, and the New York City Human Rights Law.

Read More Title IX Sexual Harassment Lawsuit Against CUNY and Dean George Ranalli
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In Lee v. Woori Bank, decided by the Appellate Division, First Department on July 28, 2015, the  court held that plaintiff’s sexual harassment and negligence claims were not barred by the “waiver” provision of New York’s whistleblower statute, Labor Law § 740. Labor Law § 740(7) provides, in part, that “the institution of an action in accordance…

Read More Sexual Harassment and Negligence Claims Not Waived by Waiver Provision of New York’s Whistleblower Statute
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Subway has been associated with some bad press lately. Below is a sexual harassment lawsuit, captioned EEOC v. Draper Development LLC d/b/a Subway, 15-cv-00877 (NDNY 7/21/15), filed against an upstate Subway franchisee. The lawsuit alleges that Defendant violated Title VII of the Civil Rights Act of 1964 and specifically that: Defendant … discriminated against the Charging…

Read More EEOC Files Sexual Harassment Lawsuit Against Upstate Subway Franchisee
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Nannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…

Read More Nanny Rights: Special Protections for “Domestic Workers” in New York
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