Sexual Harassment

by 103 comments on "Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA"

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
by 92 comments on "Sexual Harassment (Hostile Work Environment) Claim Survives Dismissal; Alleged Touching/Grabbing Was “Severe”"

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”
by 67 comments on "Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact Issue"

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
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…

Read More Sexual Harassment Determination Upheld
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: ……

Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young
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…

Read More New York Requires Employers to Adopt Sexual Harassment Prevention Policy
by 0 comments on "Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp."

In Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…

Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.
by 0 comments on "Court Decision Illustrates When A “Hug” Crosses The Line And Becomes Actionable Sexual Harassment"

Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL 3093968…

Read More Court Decision Illustrates When A “Hug” Crosses The Line And Becomes Actionable Sexual Harassment
by 0 comments on "Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment"

In Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here, plaintiff…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment