October 2024

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In Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…

Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment Claim
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In Munck v. Simons Foundation, 2024 WL 4307776 (S.D.N.Y. Sept. 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff did not allege any timely acts to “anchor” earlier related acts to enable…

Read More Hostile Work Environment Claim Dismissed; Only Timely Alleged Act Was Termination of Employee Outside Plaintiff’s Protected Class
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In Jesenia Villalobos v. Merrill Lynch, No. CV-24-02139-PHX-JJT, 2024 WL 4566852 (D.Ariz. Oct. 24, 2024), the court dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act 1964. After summarizing the black-letter law, the court applied it to the facts: In this case, the conduct complained of by Plaintiff was…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Expressed Romantic Interest Was Not Sufficiently “Severe”
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In Moreno v. City of Porterville, Case No. 1:23-cv-00541-BAM, 2024 WL 4347302 (E.D.Cal. Sept. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff next contends that her allegations regarding Sokoloff’s conduct…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed; Multiple Invitations Insufficient
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In Cutaneo v. New York City Dept. of Educ., No. 509064/2024, 2024 WL 4373365, 2024 N.Y. Slip Op. 33478(U) (N.Y. Sup Ct, Kings County Oct. 01, 2024), the court dismissed plaintiff’s employment discrimination claims, due to the failure to file a Notice of Claim. The court explained: In lieu of an answer, defendants served the…

Read More Discrimination Claims Dismissed Against NYC Dept. of Education Due to Failure to File a Notice of Claim
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In Reaud v. Facebook Inc., Case No. 23-cv-06329-AMO, 2024 WL 4126066 (N.D.Cal. Sept. 9, 2024), the court dismissed, with prejudice, plaintiff’s claims of sexual harassment and intentional infliction of emotional distress based on “pornographic” advertisements he saw on his Facebook page. Initially, the court dismissed plaintiff’s claims asserted under a “sexual harassment” theory: Plaintiff alleges…

Read More Citing Section 230, Court Dismisses Suit Against Facebook Arising From Alleged “Pornographic” Advertisements
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In Clincy v. Packaging Corporation of America, No. 3:23-CV-547-CWR-LGI, 2024 WL 4311511 (S.D.Miss. Sept. 26, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Generally speaking, there are two types of sexual harassment claims…

Read More Court Holds That Plaintiff Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Alford v. Wonderland Montessori Academy, LLC, 2024 WL 4354711 (N.D.Tex. Sept. 30, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Alford alleges that she engaged in protected activity “in reporting discrimination by Defendant’s…

Read More Retaliation Claims Dismissed; Furlough Occurred Five Months After Protected Activity
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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In McBride v. C&C Apartment Management LLC et al, 21 Civ. 02989 (DEH), 2024 WL 4403701 (S.D.N.Y. Oct. 1, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s race, national origin, and religion-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.…

Read More Race-Based Hostile Work Environment Claim Dismissed; Corrective Action Followed Alleged “N-Word” Utterance
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