Sexual Harassment

Last year, New York enacted several pieces of legislation that enhance protections for sexual harassment victims. One such provision, codified in CPLR 7515, prohibits (with certain exceptions) mandatory arbitration of sexual harassment claims. The law provides, in full: (a) Definitions. As used in this section: 1. The term “employer” shall have the same meaning as…

Read More New York Law Prohibiting Mandatory Arbitration in Sexual Harassment Cases

It is not uncommon for a legal claim to be resolved by settlement. In such cases, the settlement will in all likelihood be memorialized in a settlement agreement which – in addition to setting out the basics of the agreement (i.e., a release of claims in exchange for monetary compensation) – will include additional provisions.…

Read More New York Law Limiting Use of Nondisclosure Agreements in Sexual Harassment Cases

A (relatively) recent (April 12, 2018) New York State law, Executive Law §  296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…

Read More New York Law Prohibiting Sexual Harassment Relating to Non-Employees

In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…

Read More Audio Files, Not Produced, Precluded in Sexual Harassment Case

In Woolcock v. Lukes-Roosevelt, No. 518301/2016, 2019 WL 1206356 (N.Y. Sup Ct, Kings County Mar. 11, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under the NYC Human Rights Law. From the decision: [D]efendant fails to set forth that a reasonable victim of discrimination…

Read More Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary Judgment

The IRS has addressed and clarified an ambiguity in a recently-enacted tax law that relates to deductions of attorney fees in sexual harassment cases, where a nondisclosure agreement is in play. Section 162(q) of the Internal Revenue Code provides: (q) Payments related to sexual harassment and sexual abuse No deduction shall be allowed under this…

Read More IRS Clarifies Ambiguity in New Deduction Section Relating to Confidential Settlements in Sexual Harassment Cases

In Nokaj v. North East Dental Management, LLC et al, 16-cv-3035, 2019 WL 634656 (S.D.N.Y. Feb. 14, 2019), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s claim of “aiding and abetting” discrimination (sexual harassment) under the New York State Human Rights Law. The court holds that plaintiff may maintain an “aiding…

Read More Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment

In Canosa v. Harvey Weinstein et al, 2019 WL 498865 (S.D.N.Y. 2019), the court, inter alia, clarified that sexual harassment is a form of “discrimination” under federal law (Title VII of the Civil Rights Act of 1964) and the New York State and City Human Rights Laws, and does not constitute an independent common-law tort.…

Read More Sexual Harassment is a Statutory Claim, Not a Common-Law Tort, Court Explains

In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”