Sexual Harassment

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In Desouza v. Office of Children and Family Services, 2019 WL 2477796 (E.D.N.Y. June 12, 2019), the court clarified differences between/among the various theories available to a plaintiff in a gender discrimination/sexual harassment case. It explained (paragraphing altered): Though claims challenging disparate treatment, quid pro quo sexual harassment, and hostile work environment are all claims of…

Read More Court Clarifies Difference Between “Hostile Work Environment” and “Disparate Treatment” Gender Discrimination Claims; Absence of “Adverse Employment Action” Results in Dismissal
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In Alexander v. Program Development Services, Inc., 18-cv-1433, 2019 WL 2436436 (EDNY June 10, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision (paragraphing altered): Plaintiff’s hostile work environment claim based on Fiddler’s sexually explicit and profane conduct…

Read More “Vulgar” Conduct Not “Bad Enough” to Make Out Hostile Work Environment Sexual Harassment Claim
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The New York State legislature is in the process of reviewing/amending the New York State Human Rights Law regarding sexual harassment. The bill(s) under consideration are S3817A / A7083A. Currently, victims of sexual harassment in New York City enjoy protection under three statutes: Title VII of the Civil Rights Act of 1964 (federal law), the…

Read More Proposed Changes to New York State’s Sexual Harassment Law
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In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds
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In Rehal v Weinstein, No. 151738/2018, 2019 WL 2088435 (N.Y. Sup Ct, New York County May 13, 2019), the court denied Robert Weinstein’s motion to dismiss the complaint against him in connection with the alleged hostile work environment primarily caused by Harvey Weinstein. Among other things, the court held that the Southern District of New…

Read More Court Denies Robert Weinstein’s Motion to Dismiss Discrimination Complaint
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In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
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In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber
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In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…

Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge Case
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In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…

Read More Court Upholds NYCCHR Finding of Constructive Discharge
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In Barbini v. First Niagara Bank, N.A., 16-cv-7887, 2019 WL 1922041 (S.D.N.Y. April 29, 2019), the court held, inter alia, that defendant waived the attorney-client privilege in connection with asserting the Faragher/Ellerth defense to plaintiffs’ sexual harassment claims. Under that defendant may escape liability if it can show two things, namely, (1) the employer exercised reasonable care…

Read More Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds
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