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Duch v. Jakubek

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Argued: December 9, 2008

Before: LEVAL, CABRANES, and HALL,Circuit Judges.

Plaintiff-appellant appeals from a judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge) granting summary judgment in favor of defendants-appellees and dismissing her claims of sexual harassment brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq., and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. Although we agree with the District Court that plaintiff was not deprived of all reasonable avenues of complaint, we hold that a reasonable jury could conclude that the employer defendants (1) knew, or in the exercise of reasonable care should have known, of the harassment directed at plaintiff and (2) failed to take appropriate remedial action.

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