2023

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In Sparks v. Duane Devecka, 2:19-cv-1286, 2023 WL 4533680 (W.D.Pa. July 13, 2023) (J. Ranjan), the court denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that she worked for the defendant for a…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Alleged Groping Was “Severe” and “Pervasive”
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In Hewitt v. Stephens et al, 2:22-cv-00388, 2023 WL 4494457 (S.D.W.Va. July 12, 2023), the court denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court explained that, to state a hostile work environment claim for sex discrimination, a plaintiff must…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Speculation About Intimate Involvement With Co-Worker
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In Roper v. City of Cincinnati, 2023 WL 4466974 (S.D.Ohio July 11, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to plaintiff’s failure to exhaust his administrative remedies as to that claim. From the decision: To bring a hostile work environment claim, a plaintiff needs to point…

Read More Hostile Work Environment Claim Dismissed For Failure to Exhaust Administrative Remedies
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In Simmons v. Village Plumbing & Heating NY Inc., No. 652787/2022, 2023 WL 4323562, 2023 N.Y. Slip Op. 32203(U) (N.Y. Sup Ct, New York County June 16, 2023), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. From the decision: Defendants insist that…

Read More Disability Discrimination Claims Sufficiently Alleged; Return to Work Day After Injury Not Dispositive
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In U.S. Equal Employment Opportunity Commission v. Key Management Partners, Inc., 2023 WL 4351337 (D.Md. July 5, 2023), the court granted plaintiff’s motion for a default judgment as to plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII also prohibits an employer from retaliating against…

Read More Retaliation Claim, Based on Firing Shortly After Complaint About Sexual Harassment, Sufficiently Alleged For Default Judgment Purposes
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In Rogoff v. Long Island University, No. 510388/2019, 2023 WL 4365404 (N.Y. Sup Ct, Kings County July 06, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under the New York State and City Human Rights Laws. From the decision. Likewise, the record is adequate for plaintiff’s…

Read More Retaliation Claim Survives Summary Judgment; Demotion Closely Followed Complaint of Age Discrimination
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In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Acque v. Xavier Becerra, Secretary of the U.S. Department of Health and Human Services, 2023 WL 4365307 (D.N.M. July 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: Plaintiff has failed to produce evidence from which a rational jury could infer that…

Read More Hostile Work Environment Claim Dismissed; Alleged Incidents Including “Micromanaging” Held Insufficient
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In Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Slurs
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In Royston Jeffrey, et al. v. Stephanie Collins, No. 2021-01158, 2021-03170, 527241/19, 2023 WL 4340250 (N.Y.A.D. 2 Dept., July 05, 2023), the court reversed the lower court’s order granting defendant’s motion to dismiss plaintiff’s claim of unlawful discrimination in housing accommodations. The following are the facts, as summarized by the court: In December 2019, the…

Read More NYC Human Rights Law Housing Discrimination Claim Survives Dismissal
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