Sexual Harassment

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In a recently-filed lawsuit, captioned Bliss v. MXK Restaurant Corp. d/b/a Remix et al, 16-cv-02676 (SDNY, filed April 11, 2016), plaintiff – a gay female – alleges that she was subjected to a hostile work environment, gender discrimination, and sexual orientation discrimination. Among other things, she alleges that throughout her employment she was required to work…

Read More Sexual Harassment, Hostile Work Environment, Sexual Orientation Discrimination Lawsuit Against Club Remix and its Owner
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An employee who voluntarily leaves a job “without good cause” is not entitled to unemployment insurance benefits. New York Labor Law § 593. But what amounts to “good cause”? The case law teaches that that is a fact-specific determination. In Matter of Labbate, 2016 NY Slip Op 02898 (App. Div. 3d Dept. April 14, 2016), the…

Read More Sexual Harassment Was “Good Cause” to Leave Job; Unemployment Benefits Upheld
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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In Bouveng v. NYG Capital LLC et al, 175 F.Supp.3d 280 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various defendants, including Benjamin Wey. Among…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In Cappelli v. Jack Resnick & Sons, Inc, No. 1:13-CV-3481-GHW, 2016 WL 958642 (S.D.N.Y. Mar. 8, 2016), the court granted defendants’ motion for summary judgment on plaintiff’s employment discrimination and retaliation claims. Plaintiff, a male building superintendent, complained about the following conduct at work: I have been the victim of sexual harassment that has been performed…

Read More Merely Witnessing Sexual Conduct Held Insufficient to Establish a Sex-Based Hostile Work Environment Claim
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In a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…

Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia University
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United States Supreme Court Justice Antonin Scalia died on February 13, 2016. Many disagreed with the outspoken justice’s politics; some were happy to see him go. Many compilations of his opinions/dissents (such as this one or this one) appear to highlight his conservative ideology. Unsurprisingly missing from many such compilations is his opinion in Oncale v. Sundowner…

Read More Justice Scalia: Civil Rights Champion?
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In a recently-filed class action complaint, captioned Suchowieski et al v. Verboten (EDNY 16-cv-01295 filed 3/15/16), plaintiffs allege that Brooklyn nightclub and their owners – Jen Schiffer and her husband, John Perez – committed various acts of wrongdoing against their employees. The complaint alleges, for example, that “[d]efendants’ female employees are subjected to persistent sexual…

Read More Sexual Harassment, Hostile Work Environment, and Wage Lawsuit Against Brooklyn Club Verboten
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In Llanos v. T-Mobile USA, Inc., 132 A.D.3d 823, 824, 18 N.Y.S.3d 666, 667 (N.Y. App. Div. 2d Dept. 2015), the Second Dept. reversed a state court decision dismissing plaintiff’s claims under section 8-107 of the NYC Administrative Code (aka the NYC Human Rights Law/NYCHRL). Plaintiff alleged in her complaint that she was subjected to employment discrimination, quid…

Read More Discrimination Claims Under Comparatively Broad NYC Human Rights Law Were Not Duplicative of State Law Claims
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The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…

Read More Investigative Documents in Sexual Harassment Case Were Protected as Work Product
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