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Quid Pro Quo Sexual Harassment

In Perez v. United Pharm USA Inc., 2018 NY Slip Op 30273(U) (Sup. Ct. Suffolk Cty. Dkt. No. 12-30974 Jan. 19, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. The court summarized plaintiff’s evidence as follows: Plaintiff testified that during her period of employment she was constantly subjected […]

In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court dismissed plaintiff’s “quid pro quo” sexual harassment claim.[1]In the same opinion, the court denied defendants’ motion for summary judgment on plaintiff’s “hostile work environment” claim; I discussed that aspect of the decision […]

In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under […]

In Kennedy v. Federal Express Corp. and Alvin Beal, as Aider and Abettor, 2017 WL 4422514 (2d Cir. Oct. 5, 2017) (Summary Order), the Second Circuit (inter alia) vacated the district court’s judgment[1]Kennedy v. Fed. Express Corp., No. 5:13-CV-1540, 2016 WL 5415774 (N.D.N.Y. Sept. 28, 2016) dismissing plaintiff’s sexual harassment and sex discrimination claims. (It also […]

From Mikolaenko v. New York University, 2017 WL 4174928 (S.D.N.Y. Sept. 7, 2017) (J. Batts): Defendant also moves to dismiss on the grounds that Plaintiff failed to exhaust her administrative remedies because she first included allegations of a quid pro quo sexual relationship in her Complaint and did not include related allegations in her EEOC […]

In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid […]

A recent Tenth Circuit decision, Jones v. Needham Trucking LLC et al, 16-6156 (10th Cir. May 12, 2017), illustrates the close relationship between the court-recognized “hostile work environment” and “quid pro quo” forms of sexual harassment. The district court granted defendants’ partial motion to dismiss, holding that plaintiff failed to exhaust his administrative remedies for […]

In a recently-filed lawsuit, Baker v. Olive Garden et al., EDNY 17-cv-00392 (filed 1/25/17), plaintiff (an Olive Garden waitress) alleges, inter alia, that she was subjected to sexual harassment – including sexual comments and touching – by her manager.

In Figueroa v. Johnson, 648 F. App’x 130, 133 (2d Cir. 2016), the court affirmed the dismissal of plaintiff’s gender/national origin discrimination, hostile work environment, quid pro quo sexual harassment, and retaliation claims. Plaintiff, a Customs and Border Protection Officer at JFK Airport, argued (inter alia) that he was discriminated against on the basis of gender […]