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Reason
Reason
Eugene Volokh

Lawyer's Asking School Employee Whether She Had Ever Kissed a Woman Not Workplace Harassment,

An excerpt from Rys v. Clinton Central School Dist., decided yesterday by Frederick J. Scullin, Jr. (N.D.N.Y.) (there are also other things going on in this case, but I focus on the lawyer questions):

Plaintiff, a former middle school teacher and high school coach at Defendant Clinton Central School District …, commenced this action in October 2019, alleging, among other things, that she was discriminated against, suffered a hostile work environment, and was terminated after false allegations surfaced that she had romantic or sexual feelings for one of the students she coached, "K.S." … In addition to suing Defendant CCSD, Plaintiff also named various members of Defendant CCSD's faculty, … and two attorneys for Defendant CCSD ….

Plaintiff … alleges[, among other things,] that, on April 16, 2018, she met with the Attorney Defendants who "asked whether she had ever been in a relationship with a woman or had ever kissed a woman." According to Plaintiff, the Attorney Defendants questioned her "about her sexual orientation and her intimate relationships," focusing primarily on Plaintiff's relationships with women.

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