Sex / Gender Discrimination

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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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In Díaz-Zayas v. Municipality of Guaynabo, et al, No. 18-1668 (RAM), 2022 WL 1322657 (D.Puerto Rico April 27, 2022), the court, inter alia, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the factual allegations, in part, as…

Read More Quid Pro Quo Sexual Harassment Claim, Based on Alleged Conduct of Héctor O’Neill-García, Survives Dismissal
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In Howard et al v. Cook County Sheriff’s Office et al, No. 17 C 8146, 2022 WL 1404833 (N.D.Ill. May 4, 2022), the court held that plaintiffs – female corrections officers – presented enough evidence to overcome defendants’ motion for summary judgment on their claims of hostile work environment sexual harassment (by detainees) under Title…

Read More Jail Employees’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment
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In Cruse v. Bi-State Development Agency of Missouri-Illinois Metropolitan District, No. 4:20-cv-366-MTS, 2022 WL 1185149 (E.D.Mo. April 21, 2022), the court, inter alia, held that factual issues precluded summary judgment on plaintiff’s claims of sexual harassment. In sum, plaintiff alleged that her supervisor (Brew) sexually harassed her, both in person and by phone, and that…

Read More Sexual Harassment Claim(s) Survive Summary Judgment; Factual Issues Existed as to Whether Harassment Culminated in a “Tangible Employment Action” Etc.
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In Erno v. New York State Office of Information Technology Services, No. 1:19-CV-1457, 2022 WL 1224325 (N.D.N.Y. April 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964 (but not under the New York State Human…

Read More Hostile Work Environment Sexual Harassment Claim, Against NYS Office of Information Technology Services, Survives Summary Judgment
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In Robinson v. Department of Vocational Rehabilitation, No. 22-cv-5098 RJB-JRC, 2022 WL 1237671 (W.D. Wash. April 27, 2022), the court adopted a Report & Recommendation to dismiss plaintiff’s race discrimination and sexual harassment claims, asserted under Title VII of the Civil Rights Act of 1964. This decision relates to a crucial procedural element of Title…

Read More Title VII Race Discrimination, Sexual Harassment Claims Dismissed Due to Failure to Exhaust Administrative Remedies
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In Dunham v. Hartford Board of Education, No. HHD-CV-206129681-S, 2022 WL 1223917 (Conn. Super. April 26, 2022), 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. From the decision: A hostile work environment claim requires…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment Against Hartford Board of Education
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In Saketkoo v. Administrators of Tulane Educational Fund, 2022 WL 1183824 (C.A.5 (La.), 2022), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment in favor of defendant on plaintiff’s gender-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964.…

Read More Gender-Based Title VII Hostile Work Environment Claim Properly Dismissed: Fifth Circuit
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In Shibetti v. Restaurant, No. 517343/20, 2022 WL 1199333 (N.Y. Sup Ct, Kings County Apr. 21, 2022), the court, inter alia, held that plaintiffs sufficiently alleged claims of sex (including pregnancy) discrimination, sexual harassment, hostile work environment, and retaliation under the New York City Human Rights Law. From the decision: Sexual harassment “is one species…

Read More Sexual Harassment, Pregnancy Discrimination, Retaliatoin Claims Sufficiently Alleged by Brooklyn Diner Employees
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