D Motion for Summary Judgment Denied (Employment)

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In a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…

Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied
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In Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here,…

Read More Hostile Work Environment Sexual Harassment Claim Against NYC Health & Hospitals Corp. Survives Summary Judgment
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In Pecile v. Titan Capital Group, LLC, 2018 WL 2100456 (N.Y. Sup. Ct. N.Y. Cty. Index No. 110490/2010, May 3, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment claims under the NYC Human Rights Law. From the decision: The Court finds that there are issues of fact with…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Dismissal [Pecile v. Titan Capital Group]
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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her retaliation claim under the NYC Human Rights Law.…

Read More Retaliation Claim, Based on Reaction to Sexual Harassment Complaints, Survives Summary Judgment Against NYC Dept. of Education
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In Bray v. New York City Dept. of Educ., 2018 WL 1558436 (N.Y.Sup. Ct. NY Cty. March 30, 2018, Index No. 158989/2013) (J. Tisch), the court, inter alia, held that plaintiff raised triable issues of fact (and hence denied defendant’s motion for summary judgment) as to her claims of gender discrimination (hostile work environment sexual…

Read More Hostile Work Environment (Sexual Harassment) Claim Against Department of Education Survives Summary Judgment
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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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In Perez v. United Pharm USA Inc., 2018 NY Slip Op 30273(U) (Sup. Ct. Suffolk Cty. Dkt. No. 12-30974 Jan. 19, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. The court summarized plaintiff’s evidence as follows: Plaintiff testified that during her period of employment she was constantly subjected…

Read More Sexual Harassment Claims Against United Pharm USA et al Survive Summary Judgment
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From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…

Read More Retaliation Claim Survives Summary Judgment
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