Sexual Harassment

In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna…

Read More Court Upholds NYSDHR Sexual Harassment Determination and Award Against Team Taco Mexico And Individual Harasser
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In In re Townsend, No. 15-43411-CEC, 2016 WL 2927522 (Bankr. E.D.N.Y. May 16, 2016), the court granted plaintiff’s motion for summary judgment that a judgment entered on a $450,000 jury verdict in Ganci v. U.S. Limousine Service and Raymond Townsend, EDNY 10-cv-3027, was non-dischargeable under the Bankruptcy Code. The Bankruptcy Code “exempts from discharge any debt for…

Read More Sexual Harassment Judgment Not Dischargeable in Bankruptcy, Court Holds
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In a recent federal sexual harassment lawsuit, Coyle v. Canto Design Consultants, SDNY 16-CV-4052, the male plaintiff alleges (among other things) that defendant Joanne Del Prete-Rosten, the CEO of defendant Canto Design Consultants, “repeatedly subjected [plaintiff] to unwelcome sexual behavior and misconduct” and that “Canto terminated [plaintiff]’s employment after he complained about being subjected to sexual…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Canto Design Consultants LLC and Joanne Del Prete-Rosten
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In Tulino v. City of New York, No. 15-CV-7106 (JMF), 2016 WL 2967847 (S.D.N.Y. May 19, 2016), the court held that plaintiff sufficiently alleged a gender-based hostile work environment claim under the NYC Human Rights Law. In her amended complaint, plaintiff alleged (among other things) that defendant “created and perpetuated a culture that essentially required female…

Read More Plaintiff States Hostile Work Environment Sexual Harassment Claim; Alleges She Was Called a “Slut” and “Dick Climber”
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In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…

Read More Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments
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In Magnusson v. Cty. of Suffolk, No. 14-cv-3449, 2016 WL 2889002 (E.D.N.Y. May 17, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment claims. As to her sexual harassment claim, the court explained that too much time passed between the two incidents cited in support of that claim: There is little doubt…

Read More Court Dismisses Sexual Harassment (Hostile Work Environment) Claim; Too Much Time Beween Two Supporting Incidents
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In a recent lawsuit filed in Manhattan federal court, captioned Domingo v. Choice Logistics, Inc. and James Adams, SDNY 16-cv-3648 (filed May 16, 2016), plaintiff Christine Domingo alleges, among other things: Within six days after commencing her employment with Choice in December 2014, Domingo was subjected to unwelcomed physical touching, assault and sexual harassment by…

Read More Sexual Harassment Lawsuit Against Choice Logistics
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In Mantione v. C. Berman Associates, 2016 NY Slip Op 30655(U) (NY Sup. Ct. March 4, 2016), the court discussed and applied the “single employer” rule. Defendant moved to dismiss plaintiff’s hostile work environment/sexual harassment allegations under the New York State Human Rights Law, on the ground that the entities involved have less than four…

Read More Court Holds Companies Were a “Single Employer” For Purposes of Aggregating Employees in Sexual Harassment Case
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In Salem v. Royal Air Maroc, No. 15-CV-5909 (KBF), 2016 WL 1717219, (S.D.N.Y. Apr. 28, 2016), the Southern District of New York dismissed plaintiff’s claims of discrimination occurring in Egypt, arising from conduct by agents of a foreign entity (Royal Air Maroc). Judge Forrest held that “neither federal nor state and local discrimination laws protect [plaintiff] against…

Read More Discrimination Claims Arising From Conduct Outside U.S. Dismissed
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