Sexual Harassment

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Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims.  The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation
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Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation.  The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…

Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial
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In Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim.  What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…

Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”
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Below is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…

Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly
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In Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…

Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting Claims
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In a recent summary order, the Second Circuit in Barrows v. Seneca Foods Corp. vacated a summary judgment for defendant on plaintiff’s same-sex sexual harassment claim. Plaintiff alleged that Sanabria [one of plaintiff’s male supervisors] constantly made vulgar comments, such as “suck my dick,” “come here and give me a blowjob,” and “[f]aggot, get the…

Read More Male-on-male sexual harassment lawsuit survives summary judgment
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Remember Alexandra Marchuk?  She’s the Vandy (!) Law grad who now finds herself as a defendant in a counter-suit (below) filed by defendants Faruqi & Faruqi and Juan Monteverde in response to the sexual harassment lawsuit she filed last month (which I wrote about here).  In it defendants seek $15 million on each of six counterclaims, including…

Read More The Empire Strikes Back: Law Firm Files $15M Counterclaim Against Ex-Associate
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Below is the complaint filed on March 13, 2013 by Alexandra Marchuk (a Vandy Law grad) against law firm Faruqi & Faruqi – a self-proclaimed “recognized leader in protecting the rights of employees“- and its partner Juan E. Monteverde for sexual harassment. Among other things, plaintiff alleges: Mr. Monteverde intensified his improper actions on the…

Read More Briefs & Blow Jobs: Prominent Plaintiffs’ Law Firm And Partner Sued For Sexual Harassment
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