Sexual Harassment

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In Prophete-Camille v. Stericycle, Inc., No. 14-CV-7268(JS)(AKT), 2017 WL 570769 (E.D.N.Y. Feb. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim. With respect to the issue of whether the workplace was sufficiently “hostile”, the court explained: The Court finds that Plaintiff has raised issues of fact on her…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Evidence Included Sexual Comments and References to Sexual Acts, Sexual Relationship
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Happy Valentine’s Day! While this holiday of (ahem) love may bring back fond memories of grade-school card and candy swapping, it’s important to remember that bringing romance into the workplace – even (or maybe especially) on Valentine’s Day – presents risks, most notably of a sexual harassment/hostile work environment lawsuit. Consider, for example, the case of Pugni…

Read More Valentine’s Day and the Workplace
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In Ghonda v. Time Warner Cable, Inc., 16-cv-2610, 2017 WL 395111 (EDNY Jan. 27, 2017) – in which plaintiff asserts claims of employment (gender) discrimination, sexual harassment, and retaliation – the court denied plaintiff’s request to quash a subpoena seeking information relating to plaintiff’s prior employer. From the Order: Plaintiff’s contention that the mere service…

Read More Court Permits “Former Employer” Discovery in Sexual Harassment Case
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In Boustany v. Xylem, Inc. et al., No. 1:15-CV-10023-GHW, 2017 WL 377939 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s Title VII sexual harassment lawsuit. This case concerns the territorial applicability of Title VII of the Civil Rights Act of 1964. The “black letter” law provides: Title VII’s protections extend to American citizens working abroad. ……

Read More Citing Title VII’s Territorial Limitations, Court Dismisses Middle Eastern Woman’s Sexual Harassment Case
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A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…

Read More Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company
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In a recently-filed New York state court lawsuit, Valenti v. American International Group et al. (NY Sup. Ct. NY Cty. 150678/2017, filed 1/20/17), plaintiff asserts claims of sexual harassment, hostile work environment, and retaliation under the New York City and State Human Rights Laws. In her complaint, plaintiff describes the atmosphere at the company as…

Read More Sexual Harassment Lawsuit Against AIG
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In Bailey v. The Brooklyn Hospital Center (NY Sup  Ct. NY Cty. Index No. 160752/2013 (Jan. 5, 2017), the court dismissed plaintiff’s sexual harassment claim under the New York City Human Rights Law on the ground that Brooklyn Hospital Center was not vicariously liable for the actions of the alleged harasser. Vicarious liability under the…

Read More Brooklyn Hospital Center Not Vicariously Liable for Sexual Harassment, Court Holds
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In Wiesen v. Guaranteed Home Mortgage, Inc., No. 14-CV-6649, 2017 WL 131741 (W.D.N.Y. Jan. 13, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims under Title VII. Plaintiff asserted that her alleged harasser (Schwaber) was in a supervisory position with respect to her as branch manager; defendant countered that Schwaber…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment in Light of Fact Issue as to Whether Alleged Harasser Was Plaintiff’s “Supervisor” or “Co-Worker”
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