Judge: Nelson S. Roman

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In Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the U.S. District Court for the Southern District of New York denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said…

Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical Touching
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In Percy v. The State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc., Local 1000, AFSCME AFL-CIO, Basil Townsend, 264 F.Supp.3d 574, 585 (S.D.N.Y. 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 F. Supp. 2d at 385-86…

Read More Rejecting a Supervisor’s Sexual Advances is “Protected Activity” For Purposes of a Retaliation Claim, Court Holds
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In Brantman v. Fortistar Capital, Inc., No. 15-CV-4774 (NSR), 2017 WL 3172864 (S.D.N.Y. July 22, 2017), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s Title VII retaliation claim. Plaintiff, while reviewing and cataloging boxes of files and documents belonging to defendant’s recently-retired general counsel, “found a DVD in a plastic case…

Read More Title VII Retaliation Claim Dismissed; Report of Discovery of “Pornographic Video” Was Not “Protected Activity”
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In Falu v. Cty. of Orange, No. 16-CV-0448 (NSR), 2017 WL 2889513, at *6 (S.D.N.Y. June 30, 2017), the court held that the plaintiff – a female corrections officers – sufficiently alleged a failure-to-promote gender discrimination claim. The court summarized the legal framework for such a claim: As noted, Falu’s Amended Complaint can be construed…

Read More Female Corrections Officer Sufficiently Alleges Gender Discrimination (Failure to Promote)
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In O’Toole v. Cty. of Orange, No. 16 CIV. 2059 (NSR), 2017 WL 2377999 (S.D.N.Y. May 31, 2017), the court denied defendants’ motion to dismiss plaintiff’s Title VII gender discrimination and retaliation claims. As to her gender discrimination claim, the court explained: Fratto first alleges that she was subjected to disparate treatment on the basis of…

Read More Female Corrections Officer Plausibly Alleges Gender Discrimination and Retaliation Under Title VII
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In Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling…

Read More Supermarket Slip/Fall Personal Injury Claim Survives Summary Judgment
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