Sexual Harassment

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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Woo v. The City of New York, No. 161109/2022, 2025 WL 65869 (N.Y. Sup Ct, New York County Jan. 8, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s quid pro quo and hostile work environment sexual harassment claims. From the decision: The issue in a quid pro quo sexual harassment case brought…

Read More Sexual Harassment Claims Survive Dismissal; Allegations Included That Punitive Assignments Followed Drink Request Refusal
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In Equal Employment Opportunity Commission v. Fred Meyer Stores, Inc., NO. 4:24-CV-5085-TOR, 2024 WL 5077603 (E.D.Wash., 2024), the court denied defendant’s motion to dismiss or for a more definite statement (pursuant to Federal Rule of Civil Procedure 12(e)). From the decision: In the present matter, the Complaint satisfies the requirement of a hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Motion to Dismiss or For More Definite Statement Denied
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In Zuber v. Republic First Bancorp Inc., No. 23-991, 2024 WL 5147018 (E.D.Pa. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the alleged harassment was sufficiently “severe or pervasive”, the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Court Cited Alleged Request to Have Sex at Work Despite Prior Rejection
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In Goldzweig v. Consolidated Edison Company of New York, Inc., 2024 WL 5056350 (S.D.N.Y. Dec. 10, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of gender discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Sex Discrimination Claims Dismissed Against Con Edison
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In Bennett v. State, No. 152438/2023, 2024 WL 4896499 (N.Y. Sup Ct, New York County Nov. 21, 2024), the court denied plaintiff’s motion for partial summary judgment against defendant on plaintiff’s claims of sexual harassment and retaliation. This decision illustrates the general principle that courts are reluctant to grant summary judgment at a stage in…

Read More Cuomo Sexual Harassment Plaintiff’s Motion for Summary Judgment Denied
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In a recent case, O’Rear v. Diaz, 24 Civ. 1669 (PAE), 2024 WL 4903722 (S.D.N.Y. Nov. 27, 2024), the court addressed an issue arising in a number of employment discrimination/sexual harassment cases, namely, the production of sexual harassment and sexual assault complaints by employees other than the plaintiff. From the decision: Plaintiff S. O’Rear sues…

Read More Plaintiff Entitled to Discovery of Sexual Harassment and Sexual Assault Complaints Made by Employees, Court Rules
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In Diaz-Roa v. Hermes Law, P.C. et al, 24-cv-2105 (LJL), 2024 WL 4866450 (SDNY Nov. 21, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sexual harassment asserted under the New York State and City Human Rights Laws. From the decision: The complaint contains several paragraphs of conduct alleged to constitute…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Focus on Plaintiff’s, But Not Male Employees’, Appearances
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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia
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