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 EdisonIn 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 DeniedIn 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 ActionableIn 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 RulesIn 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’, AppearancesIn 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 GenitaliaIn Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…
Read More Court Declines to Stay Hostile Work Environment Sexual Harassment CaseIn Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…
Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment ClaimIn Moreno v. City of Porterville, Case No. 1:23-cv-00541-BAM, 2024 WL 4347302 (E.D.Cal. Sept. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff next contends that her allegations regarding Sokoloff’s conduct…
Read More Hostile Work Environment Sexual Harassment Claims Dismissed; Multiple Invitations InsufficientIn Reaud v. Facebook Inc., Case No. 23-cv-06329-AMO, 2024 WL 4126066 (N.D.Cal. Sept. 9, 2024), the court dismissed, with prejudice, plaintiff’s claims of sexual harassment and intentional infliction of emotional distress based on “pornographic” advertisements he saw on his Facebook page. Initially, the court dismissed plaintiff’s claims asserted under a “sexual harassment” theory: Plaintiff alleges…
Read More Citing Section 230, Court Dismisses Suit Against Facebook Arising From Alleged “Pornographic” Advertisements