2021

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In Manson v. Careington International Corporation, 4:20-CV-00916, 2021 WL 3912536 (E.D. Tex. Aug. 6, 2021), the court held that plaintiff’s alleged “love/sex addiction” did not qualify as a “disability” under the Americans with Disabilities Act. From the decision: Defendant avers, in reliance on the statutory text, that Plaintiff’s “love/sex addiction” cannot give rise to a…

Read More “Love/Sex Addiction” is Not an ADA “Disability”, Says Texas Federal Court?
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In a recent case emanating from the Northern District of Illinois, Miller v. Northeast Illinois Regional Commuter Railroad Corp., No. 20 C 414, 2021 WL 3883080 (N.D.Ill. Aug. 31, 2021), the court denied defendants’ motion to dismiss plaintiff’s claim of sexually hostile work environment. This case is instructive as to how courts evaluate the situation…

Read More Sexual Harassment Claim, Based on Photo and Vulgar Comments, Sufficiently Alleged
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In Gates v. City of New York et al, 20 Civ. 3186, 2021 WL 3774189 (S.D.N.Y. Aug. 25, 2021), the court, inter alia, dismissed plaintiff’s claim of disability discrimination under the Americans With Disabilities Act. Plaintiff alleged that defendants discriminated against him on the basis of his perceived disability, namely, “depression/suicidal.” After outlining the “black…

Read More Court Dismisses NYPD Officer’s “Regarded As” Disability Discrimination Claim
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In Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…

Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources Administration
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In Tantaros v. Fox News Network, LLC, No. 20-3413 (2d Cir. Aug. 27, 2021), the court affirmed the district court’s denial of plaintiff Andrea Tantaros’ motion to remand her sexual harassment case to state court. Plaintiff had initially sued in state court, asserting that under New York law (specifically, NY CPLR 7515) her case was…

Read More Andrea Tantaros’ Sexual Harassment Case to Remain in Federal Court
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In Gibbs v. Megan J. Brennan, Postmaster General of the Unites States Postal Service, 2021 WL 3661277 (D.N.J. Aug. 18, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the interpretation and application of…

Read More Title VII Retaliation Claim Survives Summary Judgment; Threat (and Settlement) of Sexual Harassment Claim May Qualify as Protected “Opposition”
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In Wolfe v. Carter’s, Inc., 19-cv-560, 2021 WL 3562911 (S.D. Ohio Aug. 11, 2021), the court recommended the dismissal of plaintiff’s “quid pro quo” and “hostile work environment” sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. This case is instructive regarding, for example, the circumstances under which “requests for…

Read More Sexual Harassment Complaint Dismissal Recommended; Invitations Did Not Amount to “Unwelcome” Conduct Comprising “Sexual Advances or Favors”
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In Maner v. Dignity Health, 18-17159, 2021 WL 3699780 (9th Cir. Aug. 20, 2021), the U.S. Court of Appeals for the Ninth Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim asserted under Title VII of the Civil rights Act of 1964, on a “paramour preference” theory. From the decision: In this appeal,…

Read More Ninth Circuit Rejects “Paramour Preference” Theory of Title VII Sex Discrimination Claims
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In Lee v. Engel Burman Grande Care at Jericho, LLC, et al, 20-CV-3093, 2021 WL 3725986 (E.D.N.Y. Aug. 23, 2021), the court granted defendants’ motion to compel arbitration of plaintiff’s sexual harassment claims, and stayed the action pending the outcome of arbitration. Specifically, the court rejected plaintiff’s arguments seeking to avoid arbitration on the grounds…

Read More Sexual Harassment Claims Stayed Pending Arbitration
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In Villella v. City of Lockport, 17-CV-898S, 2021 WL 3726103 (W.D.N.Y. Aug. 23, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim, based on a “sex stereotyping” theory. From the decision: Plaintiff objects to one of Mayor McCaffrey’s reasons for rejecting her for the Assessor position because the Mayor did not believe Plaintiff was…

Read More Gender Discrimination Claim Dismissed; “Not a Team Player” Comment Did Not Evidence “Sex Stereotyping”
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