Sexual Harassment

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In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the (male) plaintiff asserts that he was subjected to retaliation for opposing sexual harassment of a female colleague by his boss, in violation of Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment Lawsuit Against the American Museum of Natural History
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In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…

Read More Sexual Harassment Plaintiff Hit With Spoliation Sanctions
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In Bailey v. N.Y. Law Sch., No. 16 CIV. 4283 (ER), 2017 WL 835190 (S.D.N.Y. Mar. 1, 2017) (J. Ramos), the court held that plaintiff (a law student) sufficiently alleged a retaliation claim (but not a “deliberate indifference” claim) under Title IX of the Educational Amendments Act of 1972. This case arose from an alleged…

Read More Title IX Retaliation Claim (But Not “Deliberate Inference” Claim) Continues Against New York Law School
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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Over the years, courts have developed a sophisticated burden-shifting analysis and framework for evaluating employment discrimination and retaliation claims under the various anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. A recent decision explains why a jury should not be…

Read More 2d Circuit Highlights The Difference Between Roles of Judge and Jury in Employment Discrimination Case
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In Dash v. The Board of Education of the City School District of New York, No. 15-CV-2013, 2017 WL 838226 (E.D.N.Y. Mar. 3, 2017), the court held that the plaintiff – a male, African American assistant principal – presented enough facts to overcome defendant’s motion for summary judgment (in part), and permitted his hostile work environment…

Read More Male Teacher/Assistant Principal’s Hostile Work Environment Claim Survives Summary Judgment
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In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of…

Read More Court Dismisses NYPD Nurse’s Same-Sex Hostile Work Environment Sexual Harassment Case
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In a recently-filed sexual harassment lawsuit, captioned Green v. Exusia, Inc. and Trevor Silver (N.Y. Sup. Ct. Index # 151989/2017, filed March 1, 2017), plaintiff (a lawyer) asserts claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws against defendants Exusia, Inc. (a New York based…

Read More “Sexually Explicit Stories About Strippers” Among Allegations in Sexual Harassment Lawsuit Against Exusia, Inc.
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In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The…

Read More Eastern District Affirms Non-Dischargeability of Debt Arising From Plaintiff Verdict/Judgment in Sexual Harassment/Hostile Work Environment Case
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In Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC…

Read More Sexual Harassment Lawsuit Dismissed Pursuant to NBC Universal’s Mediation/Arbitration Program
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