Sex / Gender Discrimination

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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Malone v. Town of Clarkstown et al, 19-cv-5503, 2022 WL 2834105 (S.D.N.Y. July 20, 2022), the court, inter alia, denied defendant’s motion for partial summary judgment on plaintiff’s hostile work environment claim (based on the conduct of a specific person) under Title VII of the Civil Rights Act of 1964. The defendant argued that…

Read More Hostile Work Environment Claim Survives Summary Judgment; Decision Highlights Need to View Evidence in the Aggregate
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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, dismissed plaintiff’s quid pro quo sexual harassment claim. From the decision: [A] quid pro quo sexual harassment claim requires that the plaintiff suffer a tangible employment action for her refusal to submit to a supervisor’s sexual demands. Ellerth,…

Read More “Quid Pro Quo” Sexual Harassment Claim Dismissed, Notwithstanding “Flirtatious, Offensive, and Altogether Inappropriate” Comments
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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff also alleges that she was terminated for engaging in the protected activity of reporting…

Read More Retaliation Claim, Arising From Sexual Harassment Report, Survives Dismissal
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In Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For Termination
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In Park v. Kurtosys Sys., Inc., 2022 NY Slip Op 04129 (N.Y. App. Div. 1st Dept. June 28, 2022), the court unanimously affirmed the lower court’s (Judge Kotler) order granting defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging discrimination and retaliation under the New York State and City Human Rights Laws. From the decision:…

Read More Gender Discrimination Dismissal Affirmed; Court Held That Poor Performance Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…

Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-Employee
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of discrimination based on gender and familial/caregiver status in violation of the New York State and City Human Rights Laws. After determining that plaintiff…

Read More Sex/Gender, Pregnancy, Familial/Caregiver Status Discrimination Claims Survive Dismissal: Pittman v. Yantiss et al
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In Jaiteh v. Whole Foods Market Group, Inc., No. 154251/2021, 2022 WL 2191385 (N.Y. Sup Ct, New York County June 17, 2022) the court, inter alia, dismissed plaintiff’s race discrimination claims, asserted under the New York State and City Human Rights Laws, against defendant Whole Foods Market Group. Here are the facts, as summarized by…

Read More Race, Gender Discrimination Claims Dismissed Against Whole Foods
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In Louis v. Window Rock Unified School District, No. CV-20-08193-PCT-DJH, 2022 WL 2132239 (D.Ariz. June 14, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s claims arose from text messages exchanged between her and a non-party (the School…

Read More Text Message-Based Hostile Work Environment Sexual Harassment Claim Dismissed
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