Sexual Harassment

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In Ilinca v. Bd. of Coop. Educ. Servs. of Nassau, No. 13-CV-3500(JS)(AYS), 2016 WL 6989780 (E.D.N.Y. Nov. 29, 2016), the court dismissed plaintiff’s sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The decision gives us a summary of the relevant law: [A] plaintiff states a Title VII…

Read More Sexual Harassment Hostile Work Environment Claim Dismissed; “Inappropriate and Grossly Unprofessional” Conduct Was Insufficiently Severe
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In a lawsuit filed in New York State Court on 11/22/16, captioned Corcoran v. Siebert Cisneros Shank Co LLC et a (Index No. 159868/2016), plaintiff asserts that “[h]is working environment … more closely resembled a rowdy teenage boys’ locker room than a professional trading floor at a well-regarded Wall Street firm.” This allegation evokes president-elect Donald…

Read More Sexual Harassment Lawsuit Against Siebert Cisneros Shank
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In a recently-filed lawsuit, captioned Castellanos v. Berkman Capital LLC et al (filed in NY Sup. Ct., Index 159768-2016, 11/18/16), plaintiff asserts claims of gender discrimination, pregnancy discrimination, and sexual harassment against financial lending company Berkman Financial and others, including individual defendants Geoffrey Byruch and Michael Vulcano. Plaintiff alleges, among other things, that she was…

Read More Sexual Harassment, Gender/Pregnancy Discrimination Lawsuit Against Berkman Capital
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A recent upstate appellate decision addresses the correlation between a sexual harassment claim, on the one hand, and workers’ compensation benefits, on the other. In Shiner v. Suny at Buffalo, No. 522762, 2016 WL 6782717, (N.Y. App. Div. 3d Dept. Nov. 17, 2016), the court affirmed the Workers Compensation Board’s decision that claimant’s failure to obtain…

Read More Sexual Harassment Settlement Bars Further Workers Compensation Benefits, De
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In Case v. Onondaga Cty., No. 5:14-cv-272, 2016 WL 6781237 (N.D.N.Y. Nov. 16, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. As to plaintiff’s harassment claim, the court explained: Here, assuming, without deciding, that [alleged…

Read More Sexual Harassment Claim Dismissed in Light of Policy and Investigation
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An upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…

Read More Sexual Harassment Lawsuit Against General Electric Settled
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From Radler v. Catholic Health Sys. of Long Island, Inc., No. 2014-10867, 2016 WL 6604540 (N.Y. App. Div. 2d Dept. Nov. 9, 2016): To establish entitlement to summary judgment in a case alleging discrimination, the defendants must demonstrate either the plaintiff’s inability to establish every element of intentional discrimination, or, having offered a legitimate, nondiscriminatory reason…

Read More Sexual Harassment Claim Properly Dismissed on Summary Judgment; “Coarse Comments” Regarding Inappropriate Attire Insufficient
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In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and…

Read More Sexual Harassment, Retaliation Claims Properly Dismissed Against NYC Dept. of Education
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In CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…

Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not Dispositive
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In Moll v. Telesector Res. Grp., Inc., No. 04-CV-0805S(SR), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016), a sex discrimination/hostile work environment/retaliation case, the court ruled on the parties’ respective motions to compel discovery. (For more background on this case, you may wish to review the Second Circuit’s 2014 decision vacating the district court’s 2012 summary judgment…

Read More Court Rules on Social Media Discovery Request in Sexual Harassment Case
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