2023

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In Gulchuk v. Titan Surgical Group, LLC, 2023 WL 4366363 (W.D.Mo. July 6, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim. From the decision: To survive a motion to dismiss a hostile work environment claim, a plaintiff must allege facts showing: (1) he is a member of…

Read More Religion-Based Hostile Work Environment Claim, Based on Mocking and Harassing of Religious Beliefs, Survives Dismissal
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In Goodson v. County of Plumas et al, 2023 WL 4678990 (E.D.Cal. July 21, 2023), the court, inter alia, held that plaintiff proved that she was subjected to sexual harassment under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act – but that, as noted below, defendants…

Read More Sexual Harassment Claims Survive, in Part; Evidence Included Sexual Comments and Touching
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In Beny v. University of Michigan Board of Regents, No. 22-12021, 2023 WL 4409107 (E.D.Mich. July 7, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964 and the Elliot-Larsen Civil Rights Act (ELCRA). The court summarized the well-settled elements…

Read More Retaliation Claims Survive Against Michigan Board of Regents
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In Steiner v. Giant of Maryland, LLC, 2023 WL 4421373 (D.Del. July 10, 2023), the court dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In reviewing a hostile work environment claim, the Court must look to the totality of the circumstances…

Read More Recent Decision Illustrates Demanding Standard for Proving a Title VII Hostile Work Environment Sexual Harassment Claim
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In Martino v. Chenel Capital, LLC, No. 154267/2022, 2023 WL 4547887 (N.Y. Sup Ct, New York County July 11, 2023), the court dismissed plaintiff’s claims for hostile work environment asserted under the New York State and City Human Rights Laws. Defendant failed to appear, and an inquest was held. From the decision: Here, the defendant’s…

Read More Hostile Work Environment Claims Dismissed; Alleged Discomfort Insufficient; Damages Not Proven
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In Boutin v. Comcast Cable Communications Management, LLC, 3:21-CV-1630 (SVN), 2023 WL 4564375 (D.Conn. July 17, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based discrimination claims. In this case, plaintiff alleges that he was given a smaller raise, resulting from a negative performance evaluation, than he believed was warranted,…

Read More Race Discrimination Claims Against Comcast Survives Summary Judgment
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In EEOC v. 98 Starr Road Operating Co., LLC, 2023 WL 4557751 (D.Vt. July 17, 2023), the court denied defendant’s motion to dismiss plaintiffs’ race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, the complaint alleges repeated incidents of racial insults (including the “n-word”), physical…

Read More Title VII Race-Based Hostile Work Environment Claim, Arising From Patient Conduct, Survives Dismissal
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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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In Reed v. Fortive Corporation et al, 2023 WL 4457908 (W.D.N.Y. July 11, 2023), the court, inter alia, dismissed plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff alleges that her quid pro quo claim arises from her denial of McCauley’s…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed as Insufficiently Alleged
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In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Included Assault
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