In Giramur v. Honorable Christine E. Wormuth, Secretary of the Army, 2023 WL 4216152 (W.D.Tex. May 24, 2023), the court, inter alia, granted defendant’s motion to dismiss her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964.
Plaintiff’s allegations, held the court, were insufficiently specific:
Plaintiff alleges that she “began to experience sexual harassment and discrimination” in September 2018. This statement is entirely conclusory; Plaintiff alleges no facts in support of it. Plaintiff does, however, detail three occasions within one week in December 2018, when sexually explicit pictures were drawn on her white board. Standing alone, these anonymous drawings, while offensive, cannot support a harassment claim. Considered in conjunction with earlier “sexual harassment and discrimination,” the offensive drawings may be enough to satisfy Plaintiff’s burden. But Plaintiff’s amended complaint provides no information as to what the earlier alleged “sexual harassment and discrimination” entailed. While detailed allegations are not required, a complaint must provide enough factual allegations as to raise a right to relief above the speculative, conclusory level. As currently pled, Plaintiff’s claim is not sufficient. [Citations omitted; paragraphing altered.]
The court did, however, dismiss plaintiff’s hostile work environment claim “without prejudice,” such that she will have an opportunity to plead additional facts to establish her claim.