Sexual Harassment

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In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment.  Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…

Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment Case
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Below is a copy of the lawsuit filed against the Metropolitan Opera by stage carpenter Teri Orsburn.   Ms. Orsburn alleges, among other things, sexual harassment, retaliation, negligent supervision and retention, intentional and negligent infliction of emotional distress, and battery.   [scribd id=106303619 key=key-1yu9nseehgn1xwe6sgxt mode=scroll]

Read More Sexual Harassment (Etc.) Suit Against Metropolitan Opera
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In Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…

Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego Liability
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On May 4th, the Second Circuit Court of Appeals reinstated plaintiff Fedie Redd’s sexual harassment / hostile work environment claim against the New York State Division of Parole based on her allegations that a female supervisor, Sarah Washington, inappropriately touched her breasts.  The case is Redd v. New York State Division of Parole, 678 F.3d 166…

Read More Second Circuit Allows Sexual Harassment Claim, Based on Touching of Breasts, To Continue
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The New York Supreme Court decided, in Clark v. Allen & Overy LLP, that plaintiff Deidre Holmes Clark may continue to litigate, in New York, her claims arising from alleged harassment in defendant law firm Allen & Overy’s Moscow office. Executive Law §298-a[1] provides that the New York State Human Rights Law applies “to an…

Read More Plaintiff May Continue Claims in NY Arising From Harassment in Russia
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Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

Read More Aspiring Model’s Sexual Harassment Lawsuit
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Below is a copy of the complaint filed on Wednesday, January 25th in New York State court against New York University and James Stuckey by Stephanie Bonadio, a director at NYU’s School of Continuing and Professional Studies.  Plaintiff alleged that NYU advised her “that her job no longer existed and that there was no specific…

Read More NYU Sexual Harassment Lawsuit
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In my plaintiff-centric practice, my opening move – or rather, in keeping with the “litigation is war” analogy, “shot across the bow” – is, more often than not, a demand letter. At worst, such a letter will be ignored by one’s adversary; at best, it may lead to a lucrative settlement before litigation expenses kick…

Read More Demand Letter Accusing Hewlett Packard CEO Mark Hurd of Sexual Harassment
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In Zutrau v. Ice Systems, Inc., the Supreme Court, Suffolk County dismissed plaintiff’s “quid pro quo” sexual harassment claim. Plaintiff – the entity defendant’s executive vice president – asserted numerous claims, both individually and derivatively, against the entity defendant and Jansing, its president and majority shareholder. The court explained the law as follows: To make out…

Read More Court Rejects “Quid Pro Quo” Sexual Harassment Claim Where Plaintiff was Fired After Rebuffing Ex-Lover’s Attempt to Rekindle Relationship
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