Hello, and welcome to the Pospis Law Sexual Harassment Law Blog. It is maintained by Pospis Law, PLLC – a New York City law firm primarily representing plaintiffs/employees in employment discrimination, sexual harassment (including so-called “quid pro quo” and “hostile work environment” sexual harassment), and retaliation cases. It will report on legislative and judicial/administrative developments in sexual…

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In Kasparek v. New York State, Department of Corrections and Community Supervision, 16-CV-671-LJV-MWP, 2022 WL 682633 (WDNY March 8, 2022), the court, inter alia, adopted a Report and Recommendation to deny defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In…

Read More Graffiti Penis Sexual Harassment Claim Survives Summary Judgment

In Wright v. Compass Group USA, No. 516793/2018, 2021 WL 2354877 (N.Y. Sup Ct, Kings County June 08, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claims asserted under the New York State and City Human Rights Laws (NYSHRL and NYCHRL, respectively). The court summarized the facts,…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA

In Madrigal v Montefiore Med. Ctr., No. 12306, 2020-00608, 307949/10E, 141 N.Y.S.3d 46, 2021 N.Y. Slip Op. 00526, 2, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld a jury verdict in plaintiff’s favor on her claim of hostile work environment sexual harassment: [W]e conclude that plaintiff’s testimony that defendant…

Read More Court Upholds Jury’s Sexual Harassment Verdict for Plaintiff Against Montefiore

In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Breast Touching & Comments Presented Triable Issues of Fact

In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment granted in favor of defendants on plaintiff’s quid pro quo and hostile work environment sexual harassment claims asserted under the New York State and…

Read More Sexual Harassment Claims (Quid Pro Quo, Hostile Work Environment) Survive Summary Judgment Against Hyatt

In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment against defendants, and therefore granted plaintiff’s motion for a default judgment. From the decision: Plaintiff’s hostile work environment claim hinges primarily on two incidents.…

Read More Sexual Harassment/Hostile Work Environment Claim Sufficiently Alleged Against Brooklyn Maids 26, Inc. and Individual Defendant

In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her claim…

Read More Sexual Harassment Plaintiff May Proceed in Court Against Louis Vuitton; Arbitration Not Required

In Hernandez v. Premium Merchant Funding One, LLC et al, 2020 WL 3962108 (S.D.N.Y. July 13, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. While the court found that certain “despicable if true” actions were “isolated” and…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Dismissal; Alleged Touching/Grabbing Was “Severe”

In Tirschwell v. TCW Group Inc., No. 150777/2018, 2020 WL 3104364, 2020 N.Y. Slip Op. 31816(U) (N.Y. Sup Ct, New York County June 11, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination / sexual harassment claim under the New York City Human Rights Law. From the decision: [P]laintiff testified about…

Read More Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact Issue

A recently-issued Consent Decree in the matter of EEOC v. GRK Pas LLC d/b/a GRK Fresh Greek, 2020 WL 3073786 (S.D.N.Y. June 10, 2020) reflects the resolution of plaintiffs’ hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the Decree: Considering Defendants’ ongoing financial difficulties. the COVID-19 pandemic.…

Read More EEOC Consent Decree Reached with GRK Fresh Holdings in Sexual Harassment Case