In Krause v. Kelahan, 2021 WL 5876678 (N.D.N.Y. Dec. 13, 2021), the court held that plaintiff’s hostile work environment claim was supported by sufficient evidence to support the jury’s verdict. From the decision: Although Krause’s hostile work environment claim is a closer question, that claim, too, was supported by enough evidence to justify the jury’s…
Read More Employment Discrimination Jury Verdict UpheldIn Griffin v. Aetna, Inc. et al., 2021 WL 5926501 (Conn.Super. Nov. 30, 2021), the court, inter alia, denied defendants’ motion to strike plaintiff’s sexual harassment (hostile work environment) cause of action. From the decision: [I]n order to be actionable … a sexually objectionable environment must be both objectively and subjectively offensive, one that a…
Read More Sexual Harassment Claim Sufficiently Alleged Against Aetna; Allegations Included Inappropriate TouchingIn Matter of Whitfield v. City of New York, 199 A.D.3d 548, 2021 WL 5364756, 2021 NY Slip Op 06466 (App. Div. 1st Dept. Nov. 18, 2021), the court upheld the determination to decline to hire petitioner as a youth development specialist. The respondent proffered two reasons for not hiring the petitioner. The first was…
Read More Job Rejection Upheld; First Amendment Retaliation and Conviction Discrimination Claims DismissedIn Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…
Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against PatronIn a recent case, Hou v. Voya Insurance and Annuity Company et al, 2021 WL 5918573 (E.D.Pa. Dec. 15, 2021), the court, inter alia, held that plaintiff failed to demonstrate that the alleged conduct was sufficiently “severe or pervasive” to overcome summary judgment on her claim of hostile work environment sexual harassment asserted under Title…
Read More Sexual Harassment Claims Dismissed; “Slight Physical Contact”, “Infatuation” Insufficiently “Severe or Pervasive”In Bradshaw v. City of New York, No. 1486 8, 2021-01234, 2021 N.Y. Slip Op. 07060, 2021 WL 5930827 (N.Y.A.D. 1 Dept., Dec. 16, 2021), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s employment discrimination claims on the ground of “res judicata”. From the decision: Plaintiff’s claims for gender discrimination, hostile work…
Read More Gender Discrimination, Hostile Work Environment, Retaliation Claims Held Properly Dismissed on “Res Judicata” GroundsIn Brock v. Zuckerberg et al, No. 20-cv-7513, 2021 WL 2650070 (S.D.N.Y. 2021) (Liman, J.), the court dismissed plaintiff’s claims asserting that defendants Facebook, Inc. (as well as Mark Zuckerberg, Sheryl Sandberg, among others) violated his constitutional rights to free speech and due process by allegedly removing and blocking his Facebook posts. This decision is…
Read More Court Rejects First Amendment Claim Against Facebook et alIn Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…
Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment ClaimIn Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…
Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently AllegedIn Belton v. GEO Group, Inc., No. 21-30144, 2021 WL 5832953 (5th Cir. Dec. 8, 2021), the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of plaintiff’s claim of race discrimination claims under, inter alia, 42 U.S.C. 1981. Here, the plaintiff (a black man) claims that they were disciplined more harshly than…
Read More Fifth Circuit Affirms Dismissal of Race Discrimination Claim; Sexual Harassment Allegations Against Plaintiff & White Female Were Not Comparable