Sexual Harassment

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In Matter of Lai v. St. John’s Univ., 2017 NY Slip Op 07601 (App. Div. 2d Dept. Nov. 1, 2017), the court affirmed a lower court’s decision dismissing the Article 78 petition brought by a professor following his termination due to alleged sexual harassment of a student. The court explained: The employment of the petitioner, a tenured…

Read More Dismissal of Tenured Professor, Following Sexual Harassment Allegations by Student, Upheld
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On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…

Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…

Read More Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms
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In Holcomb v. State University of New York at Fredonia, 2017 WL 4511381 (2d Cir. Oct. 10, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. In sum, the court held that plaintiff failed to prove that she suffered an adverse action as a result of her sexual harassment complaint. From…

Read More Sexual Harassment Complaint Was Not a “Motivating Factor” for Adverse Actions; Retaliation Claims Properly Dismissed
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In Corrado v. New York State Unified Court System, 2017 WL 4534772 (2d Cir. Oct. 11, 2017), the court held that the district court properly dismissed plaintiff’s sexual harassment and retaliation claims with, as opposed to without, prejudice. After the district court dismissed several of plaintiff’s claims against the individual defendants as time-barred, plaintiff filed a…

Read More Sexual Harassment Case Properly Dismissed With, as Opposed to Without, Prejudice, Second Circuit Holds
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In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also…

Read More Quid Pro Quo Sexual Harassment Claim Against FedEx Resurrected
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In Gracia v. City of NY, 16-CV-7329, 2017 WL 4286319 (S.D.N.Y. Sept. 26, 2017) (J. Caproni), the court held that a release signed by plaintiff – a female NYPD officer – to resolve a personal injury slip-and-fall case was broad enough to encompass claims for gender discrimination sexual harassment, hostile work environment, and retaliation. In…

Read More Personal Injury Release Held Broad Enough to Cover Employment Discrimination, Sexual Harassment, and Retaliation Claims
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From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC…

Read More “Quid Pro Quo” Sexual Harassment Claim Was Sufficiently Presented to the EEOC, Court Holds
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In Mayo-Coleman v. American Sugars Holding, Inc., 14-cv-0079, 2017 WL 4157379 (S.D.N.Y. Sept. 18, 2017) (J. Crotty), the Southern District of New York (partially) adopted a Magistrate Judge’s Report & Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment/sexual harassment claim. The court summarized the law: Proof of a hostile work…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment
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