Judge: Joan M. Azrack – Pospis Law, PLLC

June 7, 2025 by mjpospis

Hostile Work Environment Sexual Harassment Claims Survive Post-Trial Motion for Judgment as a Matter of Law

In Russo v. Tuttnauer USA Company Limited et al, 21-cv-1720 (JMA)(AYS), 2025 WL 1604063 (E.D.N.Y. June 6, 2025), the court, inter alia, denied defendant’s motion for judgment as a matter of law, under Federal Rule of Procedure 50, on plaintiff’s hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act…

Retaliation Claim, Arising From Sexual Harassment Complaints, Survives Dismissal

In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…

Sexual Harassment Plausibly Alleged; Allegations Included Co-Worker’s Touching and Sexual (and Non-Sexual) Comments

In Arbouin v. Bob’s Discount Furniture, LLC et al, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation that defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claim be denied. From the decision: Defendants argue that the R&R errs in finding that the…