Sexual Harassment

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A recent decision, Kennedy v. Federal Express Corp, 13-cv-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016), a sexual harassment case, illustrates that proving the existence of a hostile work environment is alone insufficient to prevail. In this case, defendant conceded for purposes of its summary judgment motion that the alleged conduct of plaintiff’s supervisor created…

Read More FedEx Not Liable For Hostile Work Environment Sexual Harassment; Faragher/Ellerth Defense Cited and Applied
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In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and…

Read More Forced Penis Touch, Among Other Allegations, Sufficient to Plausibly Allege Hostile Work Environment Sexual Harassment
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In Kaplan v. New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 06063 (App. Div. 2nd Dept. Sept. 21, 2016), the court reversed a CPLR 3211(a)(7) dismissal (for failure to state a claim) of plaintiff’s claims of sexual harassment and retaliation. This decision provides helpful guidance on who has what burden of…

Read More 2d Dept. Reverses Dismissal of “Masturbating Boss” Sexual Harassment Case Under the NYC Human Rights Law
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
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In Marquez v. City of New York, 14-CV-8185, 2016 WL 4767577 (SDNY Sept. 12, 2016), the court granted summary judgment to defendant and dismissed plaintiff’s hostile work environment claim. Plaintiff (a NYPD detective) alleged, among other things, that a male Lieutenant (Castro) told her that she did not need to lose weight and that he “liked her the…

Read More Invitation to “Gun Show” and Other Comments Insufficient to Survive Summary Judgment on Hostile Work Environment Claim
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Fox News has settled Gretchen Carlson’s sexual harassment lawsuit against former network president Roger Ailes for $20 million. DailyMail.com cites the following as a statement issued by Fox: 21st Century Fox is pleased to announce that it has settled Gretchen Carlson’s lawsuit. During her tenure at Fox News, Gretchen exhibited the highest standards of journalism and professionalism. She…

Read More Gretchen Carlson v. Roger Ailes Sexual Harassment Case Ends With $20M Settlement & Apology
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In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
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By a motion filed on August 29, 2016 in New York State court, Defendants seek to compel plaintiff Andrea Tantaros to pursue her sexual harassment (and other) claims in arbitration, rather than in court. (You can access public filings in this case, Tantaros v. Fox News et al, 157054/2016, as well as other cases, here.) From…

Read More Defendants Move to Compel Arbitration in Andrea Tantaros’ Sexual Harassment Lawsuit
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In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment
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