Sexual Harassment

In 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 Satisfied
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In 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 Excessive
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In 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 Upheld
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In 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 Environment
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In 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 Dismissed
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In 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 Holds
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In 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)
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In 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 (hostile work environment) claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In this…

Read More Sexual Harassment Allegations May Proceed, For Now, Under the Continuing Violations Doctrine
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In Wright v. Liao, No. 157161/2017, 2020 WL 41671 (N.Y. Sup Ct, New York County Jan. 03, 2020), the court discussed and addressed the issue of who is entitled to the protections of the New York State and City Human Rights Laws. Specifically, the court explained: In order to determine who is an employee under…

Read More Court Finds Issues of Fact as to Whether Plaintiff Was Protected by the New York State and City Human Rights Laws
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In Matter of Oz Trucking and Rigging Corp., No. 2018-09771, 2486/17, 2019 N.Y. Slip Op. 09009, 2019 WL 6884935 (N.Y.A.D. 2 Dept., Dec. 18, 2019), the court confirmed a determination that the complainant suffered sexual harassment/hostile work environment, as well as the award of $7,500 for mental anguish and a civil fine/penalty of $10,000. As…

Read More Sexual Harassment Determination Upheld
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