Tuesday, September 28, 2010

UPDATE: Judge Says Ex NY Post Editor's Harassment Claim May Proceed

I hate the New York PostImage by theogeo via Flickr
In Sandra Guzman v. News Corporation et al. (Case No. 09-cv-9323), U.S. District Judge for the Southern District of New York Barbara Jones this week ruled the plaintiff presented sufficient factual allegations to proceed with her hostile work environment sexual harassment and retaliatory discharge claims against The New York Post, where she worked for six years until she was terminated in September 2009. (See "TUOL" post 11/11/2009.)

Judge Jones heard arguments on the Rupert Murdoch-owned tabloid's motion to dismiss Guzman's lawsuit on grounds that the First Amendment permits it to publish whatever it pleases and that Guzman never protested about the alleged hostile work conditions during her tenure at the daily.  The court was amenable to the former argument, but concluded that the plaintiff's case could proceed because her 38-page complaint adequately plead a hostile work environment existed at the paper.
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