In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, denied defendant Ed Henry’s motion to dismiss plaintiff Jennifer Eckhart’s claims for sex trafficking under Section 1591 of the Trafficking Victims Protection Act, 18 U.S.C. § 1591 (TVPA). The court summarized its holding…
Read More Sex Trafficking Lawsuit Against Ed Henry Survives Motion to DismissIn Areu v. Fox News Network, LLC, 2021 WL 4124226 (SDNY Sept. 9, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim against Fox News, asserted under Title VII of the Civil Rights Act of 1964, because she failed to plausibly allege that she was Fox News’ “employee” within the meaning of the statute.…
Read More “Liberal Sherpa” Cathy Areu’s Title VII Gender Discrimination Claim Against Fox News Dismissed; Title VII “Employee” Status Insufficiently AllegedIn Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…
Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment ClaimIn Ragin v. Riverbay Corp., 20-2233-cv, 2021 WL 4057196 (2d Cir. Sept. 7, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s sex and disability discrimination claims. As to plaintiff’s sex discrimination claim, the court explained why the proffered “legitimate non-discriminatory” reason for plaintiff’s termination was not a “pretext” for discrimination. From…
Read More Sex Discrimination Claim Properly Dismissed on Summary Judgment; HR Director’s Failure to Act Resulting in Cost to Employer, Not Gender, Was Cause of TerminationIn Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…
Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives DismissalIn Khwaja v. Jobs to Move America et al, 19 Civ. 7070, 2021 WL 3911290 (S.D.N.Y. Sept. 1, 2021), the court adopted a Magistrate Judge’s Report & Recommendation in full, and held that plaintiff sufficiently alleged sex discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – who worked as…
Read More Anti-Male Gender Discrimination Complaint Survives DismissalIn Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…
Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment ClaimIn Erazo-Vazquez v. State Industrial Products Corp., 16-2709, 2021 WL 3910248 (D.Puerto Rico Aug. 31, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim. Initially, the court cautioned against “blurring” the distinction between hostile work environment claims, on the one hand, and discrimination and retaliation claims, on the other: Plaintiff’s allegations closely…
Read More Hostile Work Environment Claim Dismissed; Court Cautions Against “Repurposing” Discrete Acts Supporting Discrimination and Retaliation ClaimsIn Sansone v. Jazz Casino Company, LLC D/B/A Harrah’s Casino, No. 20-30640, 2021 WL 3919249 (5th Cir. Sept. 1, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the dismissal of plaintiff’s hostile work environment / sexual harassment claim. Plaintiff – a baccarat dealer – alleged, among other things, that she was harassed…
Read More Customer-Based Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Harrah’sIn Johnson v. Ford Motor Company, 2021 WL 3928920 (6th Cir. Sept. 2, 2021), the court reversed the lower court’s Order granting defendant’s motion for summary judgment on plaintiff’s claim of race-based hostile work environment/harassment under 42 U.S.C. § 1981. From the decision: [T]he district court erred in granting summary judgment to Ford on the…
Read More “Intertwined” Race/Sex Harassment Claim Survives Summary Judgment Against Ford Motor Company