Kelley Drye Obtains Dismissal of OLMC Sexual Harassment Case in Second Circuit
March 11, 2005

Kelley Drye obtained a significant victory for Our Lady of Mercy Medical Center (OLMC) in the Second Circuit Court of Appeals, affirming the dismissal of a sexual harassment litigation filed by a former hospital employee. After completing discovery, Kelley Drye had moved for summary judgment, arguing that plaintiff's allegations were not sufficient to establish an actionable claim of 'hostile environment' harassment. Kelley Drye also argued that the plaintiff, who had resigned her job at OLMC, could not prove a 'constructive termination'.

The Federal District Court had granted Kelley Drye's motion and dismissed the case on summary judgment. The plaintiff appealed, and after oral argument the Second Circuit held that summary judgment was appropriate, affirming the lower court’s decision.