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Sexual Harassment

In Davis v. Town of Hempstead, 2019 WL 235644, at *5 (E.D.N.Y. Jan. 16, 2019), a sexual harassment case, the court (inter alia) concluded that the plaintiff was not an “employee” of the Town Clerk (defendant Bonilla) – whom she claimed sexually harassed her – and thus dismissed her claim under Title VII of the […]

In Doe v. Colgate University, 2019 WL 190515 (2d Cir. Jan. 15, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s Title IX claim. The court summarized the law: Under Title IX …, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, […]

In Chau v. Ryan Donovan, Granger Management LLC et al, 2019 WL 120766 (S.D.N.Y. Jan. 7, 2019), the court (inter alia) held that a non-NYC resident met the geographic requirement of the the NYC Human Rights Law. The court explained that “[i]n order for a nonresident to invoke the protections of the … NYCHRL, she must […]

In Walsh v. A.R. Walker & Co., Inc., No. 155009/16, 2018 WL 6505409, 2018 N.Y. Slip Op. 33159(U) (Sup Ct, New York County Dec. 07, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under the New York City Human Rights Law. In this case, […]

In Lonergan-Milligan v. New York State Office of Mental Health, 2018 WL 6605686 (W.D.N.Y. Dec. 17, 2018), the court dismissed plaintiff’s Title VII sexual harassment (hostile work environment) claim. The law: A prima facie case of a hostile work environment involves two showings: (1) that the complained-of conduct ‘was sufficiently severe or pervasive to alter […]

In Roskin-Frazee v. Columbia University, 17-CV-2032, 2018 WL 6523721 (S.D.N.Y. Nov. 26, 2018), the court dismissed plaintiff’s claim under Title IX of the United States Education Amendments of 1972, 20 U.S.C. § 1681(a) (and state causes of action) against Columbia University. In this case, plaintiff alleged “that Defendant created a culture of sexual hostility on […]

On Nov. 16, 2018, the U.S. Department of Education issued proposed regulations to supplement Title IX of the Education Amendments of 1972, a statute that is codified at 20 U.S.C. § 1681 et seq. Title IX, in a nutshell, is a federal law prohibiting discrimination on the basis of sex in any federally funded education program […]

In Chin v. Alejandro Torres et al, 2018 WL 6435898, at *2 (N.D.N.Y. Dec. 7, 2018), the court dismissed plaintiff’s sexual harassment complaint, citing the well-established principle that Title VII of the Civil Rights Act of 1964 is not applicable against individual defendants. As summarized by the court, plaintiff “alleges that she was employed in […]

From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two […]

Facebook will be ending forced arbitration for sexual harassment claims; Google will be doing the same. This, from the victims’ perspective, is a good thing, as it permits them access to a wider range of options and remedies should they elect to proceed with their claims. What is Arbitration?[1]The full scope of the law of arbitration […]