Sex / Gender Discrimination

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In Colavecchia v. South Side Area School District, 2023 WL 3043777 (W.D.Pa. April 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Under the first prong, a court may conclude that sexual…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Repeated Sexual Comments
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In Bond v. New York City Health and Hospitals Corporation, No. 160658/13, 2022-00688, 35, 2023 N.Y. Slip Op. 01939, 2023 WL 2919893 (N.Y.A.D. 1 Dept. Apr. 13, 2023), the court, inter alia, affirmed the lower court’s denial of of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment/sexual harassment claim under the New York…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment; Evidence Included Criticism Following Rejection of Sexual Advances
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In Watkins v. Washington Metropolitan Area Transit Authority, 2023 WL 2734324 (D.D.C. March 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claim. From the decision: Watkins first alleges a hostile work environment based on gender. Watkins 1, Compl. ¶ 58. WMATA argues that she does not allege…

Read More Gender-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Supervisor’s Repeated Use of the Word “Bitch”
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In Williams v. Genmill LLC, No. 652706/2020, 2023 WL 2650427, 2023 N.Y. Slip Op. 30942(U) (N.Y. Sup Ct, New York County Mar. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of gender discrimination under the New York State Human Rights Law. The plaintiff here alleged, among other things, that defendant…

Read More Absence of Employer/Employee Relationship Dooms NYS Human Rights Law Gender Discrimination Claim
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…

Read More Patron Sexual Harassment Claim Survives Summary Judgment
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In Judkins v. The Brooklyn Hospital Center et al, 2023 WL 2652279 (E.D.N.Y. March 27, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. To plead a claim for hostile work…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; Favoring Friends Held Insufficient
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In Biondolillo v. Livingston Correctional Facility, 2023 WL 2612508 (W.D.N.Y. March 23, 2023), the court, inter alia, granted plaintiff’s motion for reconsideration and reinstated plaintiff’s claim of pregnancy discrimination asserted under the New York State Human Rights Law. The crux of the court’s decision is its determination that plaintiff clearly alleged, in her complaint, that…

Read More Pregnancy Discrimination Claim Resurrected on Reconsideration; Eleventh Amendment Defense Inapplicable
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In Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…

Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That Capacity
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