Sex / Gender Discrimination

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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Contentions Included Inappropriate Sexual Comments
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. This decision illustrates that a work environment that might be considered…

Read More Hostile Work Environment Claim Dismissed; “Rude”, “Mean” Actions Insufficient
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In Campo v. City of New York et al, 2022 WL 970730 (E.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to several claims, including plaintiff’s “supervisory liability” claim against several individual defendants in connection with her sexual harassment claim. This decision is instructive as to how courts assess…

Read More Sexual Harassment (Hostile Work Environment) Claim Proceeds Against Individual Defendant on “Aiding and Abetting” / “Negligent Supervision” Theory
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In Abbt v. City of Houston, 2022 WL 764999 (5th Cir. March 11, 2022), the court, inter alia, reversed the lower court’s award of summary judgment for defendant on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In sum, this case arose from the…

Read More Sexual Harassment Claim, Asserted by Houston Firefighter, Survives Summary Judgment
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In Paschall v. Tube Processing Corporation, 2022 WL 775413 (7th Cir. March 15, 2022), the U.S. Court of Appeals for the Seventh Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that a male co-worker made sexual/obscene…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissal Affirmed; Co-Worker’s Harassment Not Imputable to Employer
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In Gangadharan v. GNS Goods and Services, et al, 18-cv-7342, 2022 WL 824135 (E.D.N.Y. March 18, 2022), the court, inter alia, granted plaintiff’s motion for default judgment on her claims of religion and gender-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Claims Sufficiently Alleged; Allegations Include “Muslim Bitch” Comments
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