In Hardmon v. SNF Mor LLC d/b/a Avardis Health et al, No. 4:25-CV-203-DMB-JMV, 2026 WL 2970552 (N.D. Miss. Sept. 30, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexually hostile work environment claim under Title VII of the Civil Rights Act of 1964.
After summarizing the black-letter law, the court applied it to the facts as follows:
Hardmon’s alleges in her complaint that “McDaniel began talking about how he has a high sex drive and that he sometimes cheats on his wife;” “began to ask [her] if she likes white men and if she had ever cheated on her husband;” “told [her] he was staring at her lips because he cannot hear very well;” “told her she has cute lips, and he began to lick his lips while staring at her;” and “called [her] into his office [and] told her to come behind his desk to look at an email, and he pulled a chair close beside his own.” Doc. #1 at 3. Hardmon cites no authority that suggests this behavior amounts to severe and pervasive conduct. But even accepting these allegations as true, this conduct falls short of the level of harassment required for such claim. See Hockman v. Westward Commc’ns, LLC, 407 F.3d 317 (5th Cir. 2004) (summary judgment for defendants appropriate where coworker remarked to plaintiff about another coworker’s body, slapped plaintiff once on the behind with a newspaper, grabbed/brushed plaintiff’s breasts and behind, held plaintiff’s cheeks and tried to kiss her, asked plaintiff to get to the office early so they could be alone, and stood in door of bathroom while plaintiff washed her hands); Shepherd v. Comptroller of Pub. Accs., 168 F.3d 871 (5th Cir. 1999) (affirming summary judgment where coworker made offensive comments about plaintiff’s body, including “your elbows are the same color as your nipples;” stood over plaintiff’s desk on several occasions and tried to look down her clothing; touched her arm several times, including rubbing his hand along her arm; and on two occasions patted his lap and said, “here’s your seat”).
Accordingly, held the court, dismissal was warranted.