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In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case
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The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as…

Read More Asserted Racial Epithets and Physical Threats Plausibly Allege Racially Hostile Work Environment
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In Rock v. Blaine, 2015 WL 3795886 (NDNY June 17, 2015), the court denied defendant State of New York’s motion to dismiss plaintiff’s retaliation claim against it. Plaintiff, a corrections officer, sued the State of New York and three individuals under Title VII of the Civil Rights Act of 1964, alleging retaliation for making a…

Read More Female Corrections Officer Sufficiently Alleges Retaliation Against the State of New York
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Here is the sexual harassment / hostile work environment federal court lawsuit, captioned Castelgrande v. Elie Tahari, Ltd. and Elie Tahari, SDNY 15-cv-04564, filed on June 16, 2015. Plaintiff alleges that the defendant(s) fired her two hours after she complained about sexual harassment, namely, Mr. Tahari’s attempt, while plaintiff was standing in a room with workers,…

Read More Sexual Harassment / Hostile Work Environment Lawsuit Against Elie Tahari
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News of the recent tragic death of Kasey Jones, who fell to her death as she tried to use a fire escape to re-enter her apartment, illustrates (perhaps ironically) the potential risks associated with these life-saving, and quintessentially New York City, building appendages. A case recently decided by the Appellate Division, First Department, Lombardi v. Partnership…

Read More Fire Escape Injury Case Continues
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A recent state appellate decision, Cohen v. State of New York (App. Div. 2nd Dept. June 17, 2015), explains an employer’s duties regarding a requested accommodation for a disability under the New York State Human Rights Law. In Cohen, the Appellate Division, Second Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s…

Read More Rejection of Accommodation Request Results in Reversal of Summary Judgment for Defendant in Disability Discrimination Case
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On June 12, 2015, a federal jury awarded plaintiff Augustina Balu $300,000 in compensatory damages, and $25,000 in punitive damages, in her sexual harassment / hostile work environment lawsuit against the City of New York and NYPD employee Denis McAuliffe. Here is the jury’s verdict sheet in the case, captioned Balu v. City of New York et…

Read More Jury Awards $325K (Including Punitive Damages) to Plaintiff in Sexual Harassment / Hostile Work Environment Lawsuit Against the NYPD
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In Spearin v. Linmar, L.P., 129 AD3d 528 (App. Div. 1st Dept. June 16, 2015), a personal injury case, the court addressed an issue that is coming up with increasing frequency: namely, the extent to which a plaintiff’s social media postings must be turned over in discovery. The court reversed a lower court decision that “ordered…

Read More Piano-Playing Plaintiff’s Facebook Posts Ordered for In-Camera Inspection
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In Catapano-Fox v. City of New York, No. 14 CIV. 8036 KPF, 2015 WL 3630725 (S.D.N.Y. June 11, 2015), the Southern District of New York denied defendants’ motion to dismiss plaintiff’s claim that she was fired in retaliation for complaining about sexual harassment. This decision provides a good overview of the legal principles governing the proper…

Read More Retaliation Claim, Based on Termination in Response to Sexual Harassment Complaints, May Proceed
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