The halls are decked, the cocoa is hot, and the office party is finally back on the calendar. While the holidays are a time for joy, they also bring a unique set of legal considerations that can turn a “Winter Wonderland” into a “Litigation Landscape.” Whether you’re a business owner or a homeowner, here…
Read More The Holiday Liability List: Keeping Your Season Merry and Lawsuit-FreeIn O’Rear v. Armando Diaz et al, 24 Civ. 1669, 2025 WL 283169 (S.D.N.Y., Jan. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under the New York City Human Rights Law (NYCHRL). In this case, the plaintiff alleges that, after a holiday happy hour, defendant Diaz…
Read More Plaintiff Sufficiently Alleges Sexual Battery, Sexual Harassment Based on Alleged Company Holiday Party RapeIn a lawsuit filed April 2, 2015 and captioned Lombardi v. CBS Broadcasting, Inc. et al., 15-cv-02516, plaintiff Lombardi asserts various claims against defendant CBS, including gender discrimination, retaliation, constructive discharge, aiding and abetting discrimination, and hostile work environment. Among other allegations, plaintiff (who is male) alleges that at CBS’ December 2013 holiday party, a…
Read More Same-Sex Sexual Harassment Lawsuit Against CBSIn Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status‘Tis the season for company holiday parties, where the awkward mingling with co-workers and the free flow of alcohol can combine to create uncomfortable and humiliating social situations and, in some cases, possible legal liability for discrimination and harassment. Despite various warnings about maintaining professionalism, it seems that every year there are people who embarrass themselves…
Read More Company Holiday Parties, Professionalism, and Discrimination/Sexual Harassment