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· 10/18/2023

Marzan v. Petit-Frere

Citations

  • 198 N.Y.S.3d 714
  • 220 A.D.3d 852
  • 2023 NY Slip Op 05254

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiffs failure to report sexual harassment is not an affirmative defense to a Title VII claim where plaintiff was discharged
  • holding that “simple teasing ... offhand comments, isolated incidents (unless extremely serious)” are not discriminatory changes in the “terms and conditions of employment”
  • recognizing that an employee's failure to use the employer's complaint procedure will normally satisfy the employer's burden regarding the second element of the affirmative defense
  • holding that an employer’s vicarious liability for a hostile working environment is subject to an affirmative defense looking to the reasonableness of the employer’s conduct
  • concluding that a single incident, where a supervisor “yelled' at [the plaintiff] and violently threw a book (thick notebook) on a table
  • holding that an employer's conduct in preventing and correcting sexually harassing behavior is an affirmative defense to liability

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.