In Anaya v Wework Companies, Inc. et al, No. 159414/2018, 2019 WL 1744253 (N.Y. Sup Ct, New York County Apr. 18, 2019), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, but not the New York State Human Rights Law. This decision aply illustrates the…
Read More Sexual Harassment Claims Survive, In Part, Against WeWorkFrom Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019): To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello,…
Read More Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not HiredIn Carrington v. New York State Off. for People With Dev. Disabilities, 2019 NY Slip Op 01887 (App. Div. 4th Dept. March 15, 2019), an employment discrimination case, the court affirmed the lower court’s order granting defendant’s pre-answer motion to dismiss plaintiff’s complaint – alleging discrimination based on prior criminal conviction in violation of the…
Read More Criminal Conviction Discrimination Case Properly Dismissed as Untimely, Court HoldsIn Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…
Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/AnthropologieIn D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…
Read More 2d Circuit Remands Hostile Work Environment Question to District CourtIn Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…
Read More Court Remits Punitive Damages Award, from $500,000 to $250,000, in Sexual Harassment/Retaliation Case Against Columbia UniversityIn Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…
Read More Court Remits $750,000 Award for Emotional Distress Damages in Retaliation/Sexual Harassment Case Against Columbia UniversityIn Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court denied defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim, but granted its motion for remittitur as to the jury’s damage awards for compensatory/emotional distress damages and punitive damages.…
Read More Jury Verdict of Retaliation for Complaints of Sexual Harassment Against Columbia University Professor UpheldIn an Order issued yesterday in Canada v. Perkins Coie LLP, 18-cv-11635 (SDNY April 2, 2019), an employment discrimination case, the court held that the EEOC charge submitted with plaintiff’s complaint was not subject to sealing and should be accessible to the public. In reaching this conclusion, Southern District of New York Judge Furman wrote:…
Read More EEOC Charge Subject to Public View, Court FindsIn a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…
Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer