Sexual Harassment

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”

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…

Read More Title VII Sexual Harassment Claim Dismissed; Town Clerk’s Assistant Was Not an “Employee”

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,…

Read More 2d Circuit Affirms Dismissal of Title IX Claim Against Colgate University

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…

Read More Sexual Harassment Plaintiff Meets “Impact” Test of NYC Human Rights Law, Court Holds

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,…

Read More Sexual Orientation-Based Hostile Work Environment Claim Under the NYC Human Rights Law Survives Summary Judgment

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…

Read More Hostile Work Environment Claim Dismissed; Conduct Was Neither “Severe” Nor “Pervasive”

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…

Read More Student-on-Student Sexual Harassment Title IX Claim Dismissed Against Columbia

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…

Read More Proposed Title IX Regulations

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…

Read More Court Dismisses Title VII Sexual Harassment Complaint Against Individual Defendants