In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual…
Read More Sexual Harassment Complaint Filed Against CBS Radio Et AlIn Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed…
Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Use of the Word “Bitch”, While “Rude and Boorish”, Was Not EnoughIn a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…
Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment DeniedIn Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a…
Read More Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory AnimusIn Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here,…
Read More Hostile Work Environment Sexual Harassment Claim Against NYC Health & Hospitals Corp. Survives Summary JudgmentSexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…
Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court HoldsIn Collymore v. City of New York et al, 16-cv-8270, 2018 WL 3014093 (S.D.N.Y. June 14, 2018), the court, inter alia, dismissed plaintiff’s sexual harassment claim. “Title VII recognizes two forms of sexual harassment: direct discrimination (or ‘quid pro quo’) and ‘hostile workplace environment.’ … In addition to pleading abusive or offensive conduct, it is…
Read More Sexual Harassment Claim Dismissed; Touching Was Not “Because Of” SexFrom Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018): We conclude that there is substantial evidence to support the determination that petitioner discriminated against each complainant by subjecting her to a sexually hostile work environment (see Matter of Father…
Read More Court Upholds State Division Findling of Hostile Work Environment Sexual HarassmentIn Tantaros v. Fox News Network, LLC et al, 17-cv-2958, 2018 WL 2731268 (SDNY May 18, 2018), the court dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claims under the federal Wiretap Act, as well as intentional infliction of emotional distress. Plaintiff alleged, inter alia, “that Defendants physically surveilled her and secretly recorded her…
Read More Court Dismisses “Retaliatory Surveillance” Claim: Tantaros v. Fox NewsIn Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…
Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case