In 2005, the New York City Council amended the New York City Human Rights Law (“NYCHRL”) to make it clear that courts should construe New York City’s anti-discrimination protections more broadly than federal discrimination protections. Under the Local Civil Rights Restoration Act of 2005, the New York City Council alerted…
Articles Posted in Sexual Harassment
U.S. Second Circuit Court of Appeals Upholds Same-Sex Harassment Claim
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in employment. In 1998, the United States Supreme Court held in Oncale v. Sundowner Offshore Servs., Inc. that sexual harassment also included same-sex harassment and violated Title VII. Recently, the United States Court of Appeals for the Second…
Second Circuit Rules that Lower Court Erred By Declining to Order Injunctive Relief Ensuring Sexual Harasser was no Longer in a Position to Sexually Harass
Following a two-week trial, a jury returned a verdict finding that the employer had subjected a class of female employees to a sexually hostile work environment. The jury awarded compensatory and punitive damages to the class of employees who had been sexually harassed. The court, however, declined to impose injunctive…
New York Governor David Patterson Signs Domestic Workers Bill of Rights.
Today, Governor David Patterson signed into law, the New York Domestic Workers Bill of Rights, which reflects the first sweeping domestic workers’ rights legislation in the nation. Among other things, the New York law provides for overtime pay to domestic workers, and protection against workplace discrimination and harassment based upon…
Second Circuit Clarifies Proof Necessary to Establish a Hostile Work Enviroment Claim
In Pucino v. Verizon Communications, Inc. (“Verizon”), the United States Court of Appeals for the Second Circuit (which covers New York, Connecticut and Vermont) reversed a decision by a New York federal court granting summary judgment in favor of Verizon on a former employee’s gender-based hostile work environment claims. Joan…
New York Federal Appellate Court Rules that Employee Claiming Sexual Harassment May not be Required to Complain to Multiple Managers about Harassment
The plaintiff, Diane Gorzynski, brought forth claims alleging hostile work enviornment, age and sex discrimination, as well as retaliation for complaints of race and age discrimination, against JetBlue, her employer. Gorzynski v. JetBlue Airways, Corp. (February 19, 2010). Gorzynski, a 54-year-old woman, worked as a customer service agent for JetBlue’s…
EEOC Releases 2009 Charge Statistics
On January 6, 2010, the Equal Employment Opportunity Commission (“EEOC”) released data concerning charges of discrimination filed with the agency in FY2009. The EEOC resolved a record number of charges alleging harassment and violations of Title VII of the Civil Rights Act. FY2009 saw the second highest number of charge…
$80 Million Sexual Harassment Suit Filed Against New York Teddy Bear Maker
An assistant marketing manager has sued Steiff, a maker of teddy bears and stuffed animals, and its CEO, claiming that she was sexually harassed by the company’s CEO, which culminated, according to the employee, in a rape. The case was filed in New York State Supreme Court in Manhattan. According…
New York Drugstore Chain Settles Sexual Harrassment and Retaliation Lawsuit
A sexual harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) against Duane Reade Inc., was recently settled for $240,000 and other relief. The lawsuit had alleged that Duane Reade, which operates over 200 drugstores in New York, had unlawfully created and failed to correct a sexually…
Celebrity Owned New York Restaurant Sued for Sexual Harassment
Last week, a lawsuit was filed in New York State Supreme Court alleging sexual harassment against Southern Hospitality, a New York City restaurant, and its owners, one of whom is Justin Timberlake. The lawsuit was brought by Alison McDaniel, a former restaurant manager, who accuses two of Timberlake’s owners of…