Sex / Gender Discrimination

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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 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 Julie Richmond v. Alan J. Sorensen, 22 CV 10075 (VB), 2023 WL 4239083 (S.D.N.Y. June 28, 2023), the court denied defendant’s motion to dismiss plaintiff’s sex discrimination claim asserted pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment. After summarizing the black-letter law – and noting that where, as here, the “color of…

Read More Sex Discrimination Claim Plausibly Alleged by Upstate Official
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In Giramur v. Honorable Christine E. Wormuth, Secretary of the Army, 2023 WL 4216152 (W.D.Tex. May 24, 2023), the court, inter alia, granted defendant’s motion to dismiss her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations, held the court, were insufficiently specific: Plaintiff alleges…

Read More Sexual Harassment Claim Dismissed; Sexually Explicit Pictures, Alone, Were Insufficient
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In Hill v. Oak Street Health MSO LLC, 2023 WL 4206065 (E.D.Mich. June 27, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case concerns Title VII’s “administrative exhaustion” requirement, which the court explained as follows: Congress provided the EEOC with…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; EEOC Charge Included Only Claim Based on Discrete Acts
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In Romero v. St. Vincent’s Services, Inc., 2023 WL 3477161 (2d Cir. May 16, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the summary judgment dismissal of plaintiff’s claims of gender and pregnancy discrimination. From the decision, regarding plaintiff’s claims asserted under Title VII of the Civil Rights Act of 1964: We…

Read More Pretext Not Shown in Gender/Pregnancy Discrimination Case; Dismissal Affirmed
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In U.S. Equal Employment Opportunity Commission v. Golden Entertainment, Inc., No. 20-cv-02811, 2023 WL 4134696 (D.Md. June 22, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to the issue of whether the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments and Buttocks Groping
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In Walker-Jackson v. Smith’s Food and Drug Centers, Inc., Case No. 2:21-cv-2066-ART-BNW, 2023 WL 3620552 (D.Nev. May 23, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. As to the issue of whether the alleged harassment was sufficiently “severe or pervasive,” the court applied the…

Read More Sexual Harassment Case, Based on Allegations Including Sexual Innuendo and Nonconsensual Touching, Survives Summary Judgment
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In Stein v. Attorney General United States of America, 2023 WL 3993014 (3d Cir. June 14, 2023) (not precedential), the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In this case, the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissal Was Proper in Light of Defendant’s “Prompt,” “Effective” Response: 3rd Circuit
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