Magistrate Judge Scott Archives

January 11, 2017 by mjpospis

Penis Graffiti Among Allegations in Sufficiently-Alleged Sex-Based Hostile Work Environment Claim

In Kasperek v. N.Y. State, Dep’t of Corr. & Cmty. Supervision, No. 16-CV-671V, 2017 WL 85426 (W.D.N.Y. Jan. 10, 2017), the court recommended the denial of defendant’s motion to dismiss plaintiff’s claim of sex-based hostile work environment. The facts (in part), as summarized by the court: The events pertaining to this case began on October…

Sexual Harassment “Joke” Gets an “F”

There’s a joke sign that reads: Sexual harassment in this area will not be reported. However, it will be “graded.” Hilarious, right? For one sexual harassment plaintiff, the laughter stopped when the court dismissed her complaint, citing her use of a sticker with similar language. In Krupa v. Dunkirk Specialty Steel, LLC, No. 13–CV–76A, 2014…