If you feel you are being singled out, bullied, or harassed at work because of one or more protected characteristics – such as your sex, age, race, sexual orientation, or disability – you may feel powerless and confused about what to do and how to proceed. If so, you should keep the following information in…
Read More What Should I Do If I Think I’m Being Harassed at Work?In Malik v. American International Group, Inc., the Supreme Court, Queens County denied defendants’ summary judgment motions regarding a number of plaintiff’s claims, including sexual harassment (quid pro quo and hostile work environment), race discrimination, and disability discrimination under the New York State Human Rights Law. Time Bar and Continuing Violation Doctrine Defendants argued that plaintiff’s claims…
Read More Issues of Fact Preclude Summary Judgment for Defendant on Sex, Race, and Disability Discrimination ClaimsThe New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…
Read More Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual HarassmentLast 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 RetaliationMihalik 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 TrialBelow is the text (with some portions edited out due to spatial concerns) of the interview between me and Huffington Post blogger Jincey Lumpkin, a fellow lawyer and Vanderbilt graduate. The full interview can be accessed here. Disclaimer: Nothing below should be considered legal advice and as such should not be relied upon. Furthermore, this may…
Read More Huffington Post Interview On Sexual HarassmentIn 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”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 BadlyIn 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 ClaimsIn 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