Author: mjpospis

by 108 comments on "Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexist Jokes"

In Erno v. New York State Office of Information Technology Services, 19-CV-1457, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Considered in totality, the Court finds that the facts alleged by Plaintiff are sufficient to state a hostile work environment…

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by 4 comments on "Sexual Harassment Determination Upheld"

In Matter of Oz Trucking and Rigging Corp., No. 2018-09771, 2486/17, 2019 N.Y. Slip Op. 09009, 2019 WL 6884935 (N.Y.A.D. 2 Dept., Dec. 18, 2019), the court confirmed a New York State Division of Human Rights determination that the complainant suffered sexual harassment/hostile work environment, as well as the award of $7,500 for mental anguish and…

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by 0 comments on "NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young"

In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter: ……

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by 9 comments on "Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor Test"

Sexual harassment cases, no doubt, involve sensitive subject matter. It is not surprising, then, that a plaintiff asserting such claims in court wishes to proceed anonymously. A recent decision illustrates the principles governing when and under what circumstances this may be done. The case is Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant,…

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by 2 comments on "Confidentiality of Sexual Harassment Settlements in New York"

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.…

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by 0 comments on "Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary Judgment"

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 would…

Read More Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary Judgment
by 17 comments on "Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment"

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
by 2 comments on "Sexual Orientation Hostile Work Environment Claim Survives Summary Judgment"

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. The court summarized…

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by 13 comments on "Sexual Harassment by Customers, Clients, and Patrons"

Sexual harassment is not limited to scenarios where both the perpetrator and the victim are both employed by the same entity. In some cases, the harasser can be a non-employee – such as a customer. Whether the employee/victim’s employer may be held liable depends on the circumstances. The U.S. Equal Employment Opportunity Commission (EEOC) regulations…

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by 0 comments on "New York Requires Employers to Adopt Sexual Harassment Prevention Policy"

A new statute, New York Labor Law § 201-g (effective October 9, 2018), requires every employer to adopt a “sexual harassment prevention policy” that meets certain minimum requirements. The statute provides, inter alia: Such model sexual harassment prevention policy shall: (i) prohibit sexual harassment consistent with guidance issued by the department in consultation with the division of human…

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