Sexual Harassment

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In Mejia v. City of New York, 2020 WL 2837008, at *14 (E.D.N.Y. May 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. From the decision: Plaintiff asserts claims for quid pro quo sexual harassment under NYSHRL and NYCHRL. Quid pro quo sexual harassment occurs when…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Absence of Action Following Rejection of Sexual Overture
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In Erno v. New York State Office of Information Technology Services, 19-CV-1457, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Considered in totality, the Court finds that the facts alleged by Plaintiff are sufficient to state a hostile…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexist Jokes
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In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…

Read More Constructive Discharge Claims Survive Summary Judgment
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. In a prior blog post, I addressed the court’s conclusion that plaintiff raised a triable issue issue of fact as to…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part II
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
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In Hoit v. Capital District Transportation Authority, 10-202, 2020 WL 1514754 (2d Cir. March 30, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. In sum, plaintiff’s lawsuit arose from an incident in which, on his last day…

Read More Hostile Work Environment Claim, Arising From “Tea Bagging” Incident, Not Imputable to Employer Under NYS Human Rights Law; Second Circuit Affirms Dismissal
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In Morales v. City of New York, New York Presbyterian Hospital, Columbia University Medical Center et al, 2020 WL 1150136 (S.D.N.Y. March 10, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that defendants’ motions to dismiss plaintiff’s aiding and abetting discrimination and hostile work environment sexual harassment and retaliation. This case…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Survive Dismissal
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In Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…

Read More Sexual Harassment Claim Survives Summary Judgment
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