Sex / Gender Discrimination

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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Lorefice v. State of New York et al, 2022-2037-cv, 23 WL 7271838 (2d Cir. Nov. 3, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s decision granting defendants’ motion for judgment on the pleadings on plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of…

Read More 2nd Circuit Rejects “Gender Stereotyping” Claim Asserted by Terminated Alleged Sexual Harasser
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In Williams v. Inspira Health Network, 2023 WL 7151222 (D.N.J. Oct. 31, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that “[s]ummary judgment on Plaintiff’s NJLAD and Title…

Read More Title VII Sexual Harassment Complaint Dismissed; Alleged Comments and Touching Hair Was Not “Severe” or “Pervasive”
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The old saying that “the devil is in the details” applies, with especial force, to hostile work environment sexual harassment claims. That said, as one court recently explained, the work environment need not be “hellish” in order to make out a claim. In Brinson v. Eagle Express Lines, Inc., No. 18-cv-3733, 2023 WL 6312400 (N.D.Ill.…

Read More Sexual Harassment Claim Survives Summary Judgment; “Hellishness” Not Required
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of hostile work environment based on sex and sexual orientation asserted under Title VII of the Civil Rights Act…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Include Remarks About Sexual Orientation
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In Schlosser v. Vrhabilis, LLC, 2023 WL 6881044 (E.D.Tenn. Oct. 18, 2023), the court denied defendant’s motion for judgment as a matter of law on plaintiff’s sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act o 1964. From the decision: In this case, Schlosser proffered sufficient evidence from which…

Read More Sex-Based Hostile Work Environment Claim Survives Post-Verdict Motion; Evidence Included Unequal Treatment & Verbal Abuse
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In Castillo v. Isakov et al, 22-cv-6888 (LJL), 2023 WL 6664552 (S.D.N.Y. Oct. 12, 2023), the court, inter alia, granted plaintiff’s motion for default judgement on his discrimination claims (based on sexual orientation) under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations, as to this claim, as follows: Castillo…

Read More Plaintiff Awarded Default Judgment on Sexual Orientation Discrimination Claim; Allegations Included Homophobic Slurs Etc.
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In Beran v. VSL North Platte Court LLC, No. 7:21CV5003, 2023 WL 6880146 (D.Neb. Oct. 18, 2023), the court, inter alia, upheld a jury verdict finding in plaintiff’s favor on her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the evidence of a…

Read More Sexual Harassment Jury Verdict Upheld; Evidence Included Groping of Butt, Breasts
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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