In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…
Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et alIn Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…
Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”In a lawsuit filed in Manhattan federal court on January 19, 2016, Mikolaenko v. NYU School of Medicine et al (16-cv-00413), plaintiff – a doctor – asserts (among other things) that her supervisor threatened to give her poor reviews and terminate her unless she had sex with him, propositioned plaintiff for sex, and made inappropriate…
Read More Sexual Harassment Lawsuit Against NYU School of Medicine and OthersIn a lawsuit filed on January 11, 2016 in New York Supreme Court, Sclafani v. Marie (NY Sup. Ct., Index No. 150205/2016), plaintiff alleges that while she was employed as a dental hygienist by defendant dentist Glenn Marie, he sexually harassed her and subjected her to a hostile work environment (by, e.g., asking her to give…
Read More Lawsuit Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Against Dentist Who Allegedly Wanted Plaintiff Hygienist to Give His Penis a “Cleaning”In Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…
Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary JudgmentIn her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…
Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment LawsuitIn Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…
Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights LawIn the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…
Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk LaundryIn Lent v. CCNH d/b/a Cortland Care Center, decided November 16, 2015, the Northern District of New York awarded plaintiff damages following defendant’s default. As set forth in the court’s June 1, 2015 decision granting plaintiff’s motion for a default judgment (which I wrote about here), In this sexual harassment case, plaintiff alleged (among other…
Read More Court Explains $1.25M Emotional Distress Damage Award in Sexual Harassment/Hostile Work Environment CaseIt has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen…
Read More $75,000 Sexual Harassment/Hostile Work Environment Settlement Against Town of Smithtown and Highway Superintendent Glenn Jorgensen