It has been reported that Michael Bloomberg will permit his company to release 3 women who complained about certain comments from non-disclosure agreements they had signed. The above article quotes Mr. Bloomberg as saying: If any of them want to be released from their NDA so that they can talk about those allegations, they should…
Read More Bloomberg to Permit Women to Seek Releases from NDAsIn King v. Daniel Shoes, No. 13080/12, 2018-10611, 2020 N.Y. Slip Op. 01151, 2020 WL 808729 (N.Y.A.D. 2 Dept., Feb. 19, 2020) – a sexual harassment/hostile work environment case – the Appellate Division affirmed a lower court’s award of a default judgment against defendants on the issue of liability pursuant to 22 NYCRR 202.27(a) and…
Read More Sexual Harassment/Hostile Work Environment Default Judgment for Plaintiff Upheld; Defendants Did Not Demonstrate a Reasonable Excuse for Non-Appearance at TrialRecently, a law clerk for the late Ninth Circuit Judge Stephen Reinhardt named Olivia Warren provided testimony relating to sexual harassment she endured during her clerkship. from her testimony: [T]he harassment that I experienced shaped my view of both the judiciary and the law more generally. The harm and pain that sexual harassment causes, and…
Read More Alleged Sexual Harassment by Judge ReinhardtIn Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia, dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…
Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not SatisfiedIn Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…
Read More Damage Award For Hostile Work Environment Held ExcessiveIn Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court, inter alia, upheld a jury’s verdict on plaintiff’s hostile work environment (sexual harassment) claim under the New York State Human Rights Law. From the decision: We reject OPWDD’s argument that the verdict on…
Read More Sexual Harassment (Hostile Work Environment) Jury Verdict UpheldIn Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…
Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work EnvironmentIn Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…
Read More Same-Sex Sexual Harassment Claim DismissedIn Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…
Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court HoldsIn Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here I’ll discuss the court’s…
Read More Retaliation Claims, Based on Hostile Work Environment Following Rejection of Sexual Advances, Dismissed (With Leave to Amend)