In Perrotte v. Bloomberg, LP et al, No. 451470/2020, 2021 WL 465986 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under the New York State Human Rights Law. The court summarized the law as follows: Pursuant to NYSHRL, it is an…
Read More Quid Pro Quo Sexual Harassment Claim Dismissed Against Bloomberg LP et alIn Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…
Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently AllegedIn Reyes v. Westchester County Health Care Corp., 19-CV-08916, 2021 WL 310945 (S.D.N.Y. Jan. 29, 2021), the court, inter alia, dismissed plaintiff’s pregnancy- and national origin-based hostile work environment claims. From the decision: To state a hostile work environment claim under the Title VII, Plaintiff must allege: “[1] that the harassment was ‘sufficiently severe or…
Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Did Not Give Rise to Actionable Objectively Hostile EnvironmentIn Maynard v. Montefiore Medical Center et al, 2021 WL 396700 (S.D.N.Y. February 4, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claims. Generally, every legal claim has a statute of limitations, which (in sum) is a deadline by which a claim must be asserted. The application of the statute of limitations to…
Read More Hostile Work Environment Claims Dismissed Against Montefiore Medical CenterIn Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…
Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical CenterIn Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, affirmed a jury verdict for plaintiff on her battery, employment discrimination, hostile work environment/sexual harassment, and retaliation claims. From the decision: The evidence at trial…
Read More Sexual Harassment, Battery, Discrimination, and Retaliation Jury Verdict Upheld Against Montefiore Medical CenterIn Crews v. The City of Ithaca et al, 2021 WL 257120 (N.D.N.Y. Jan. 26, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim – which was based, in part, on plaintiff’s co-workers creating a fake ID that included Plaintiff’s picture with the name “McLovin” printed on the ID (which was a reference to…
Read More “McLovin” Fake ID, While Inappropriate, Did Not Give Rise to a Hostile Work Environment ClaimIn Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…
Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary JudgmentIn Gilbert v. Indeed, Inc., et al., 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, granted defendant Indeed’s motion to compel arbitration of plaintiff’s sexual harassment claims. Plaintiff’s complaint contains allegations of horrific sexual harassment, including rape. In addressing the enforceability, under New York law, of an agreement to arbitrate statutory discrimination…
Read More Court Compels Arbitration of Sexual Harassment Claims Against IndeedIn Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…
Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient