Sexual Harassment

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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Kaplan v. NYC Dept. of Health and Mental Hygiene et al., the plaintiff recently filed a Notice of Appeal from a May 16, 2014 decision and order dismissing her sexual harassment and retaliation claims. In this case, plaintiff alleged that she suffered harassment and a hostile work environment after being forced to watch a co-worker masturbate. In dismissing…

Read More Plaintiff Appeals Sexual Harassment Masturbation Case
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Here’s the recently-amended class-action sexual harassment lawsuit, Sanz et al v. Johny Utah 51 LLC et al., 14-cv-04380, filed by several employees against western-themed bar Johnny Utah’s. It also contains claims of wage violations under the FLSA and New York Labor Law. NY Post coverage here. Specifically, it alleges that “[b]y intentionally using the ramped…

Read More Sexual Harassment Lawsuit Against Johnny Utah’s
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In Pecile v. Titan Capital Group, LLC, 2014 NY Slip Op 05053, 119 A.D.3d 446 (App. Div. 1st Dept. July 3, 2014), the Appellate Division, First Department held that the plaintiffs in this sexual harassment lawsuit[1]Redacted. are entitled to production of (1) all documents concerning complaints of sexual harassment and/or retaliation, whether internal or external, made…

Read More Sexual Harassment Plaintiffs Entitled to Discovery Regarding Harassment Complaints, First Dept. Holds
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Below is the federal court complaint recently filed against PFIP LLC (doing business as Planet Fitness) and others. (News coverage here.) The suit alleges that about one month after the start of plaintiff’s employment, her (unnamed) manager “began making continual inappropriate sexual comments and innuendos towards and around Plaintiff.” She alleges, for example, he told her that…

Read More Sexual Harassment Suit Against Planet Fitness
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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Cruz v. NYS Dept. of Corrections, the Southern District of New York held (in a decision dated June 4, 2014) that the male plaintiff stated claims for hostile work environment and “quid pro quo” sexual harassment arising from unfair treatment by his female supervisor. The facts, as summarized by the court: Until August 8, 2012,…

Read More Male Corrections Employee States Sexual Harassment Claims Arising From Alleged Mistreatment by Female Boss
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Employment discrimination cases – particularly those involving allegations of harassment or a hostile work environment – are often not suitable for resolution as a matter of law (or “summary judgment”), since they frequently turn on factual disputes more appropriately resolved by a jury rather than a judge. Some cases, however, are suitable for disposition as a…

Read More Court Grants Restaurant Co-Workers Summary Judgment on Sexual Harassment (Hostile Work Environment) Claims
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In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

Read More Sexual Harassment Lawsuit Continues Against Sheldon Silver
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In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…

Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
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