In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…
Read More Patron Sexual Harassment Claim Survives Summary JudgmentIn Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…
Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That CapacityIn a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…
Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius CollegeIn a recent case, Schneider v. Trumbull County Veterans Service Commission, 2023 WL 2500173 (N.D.Ohio March 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. Here, the parties conceded that plaintiff “established that she experienced unwelcome harassment based on sex and that the harassing conduct was sufficiently severe or…
Read More Sexual Harassment Claim Survives Summary Judgment; Jury Must Decide Defendant’s Knowledge of Harassment and Adequacy of Response Harassment AllegationsIn Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s allegations against Favret do not amount…
Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by CourtIn Yost v. Everyrealm, Inc. et al, No. 22 Civ. 6549 (PAE), 2023 WL 2224450 (S.D.N.Y. Feb. 24, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexual harassment claim asserted under the (extremely lenient) New York City Human Rights Law. After summarizing the “black letter” law pertaining to this claim, the court…
Read More Sexual Harassment Claims Dismissed Notwithstanding Alleged “Sexual Gossip”In Brandenburg, Elizabeth et al v. Greek Orthodox Archdiocese of North America et al, 2023 WL 2185827 (S.D.N.Y. Feb. 23, 2023), the court addressed the following question, which has divided various courts: “whether, and under what circumstances, a clergy member can bring a claim for hostile work environment discrimination or retaliation against a religious employer.”…
Read More Nuns’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment Against Greek Orthodox Archdiocese of North America; “Ministerial Exception” Did Not Bar ClaimsIn Ridenour v. American Ambulance Service, Inc. et al, Docket No. KNL-CV-21-6052029S, 2023 WL 2134428 (Conn.Super. Feb. 17, 2023), the court denied defendants’ motion for summary judgment as to plaintiff’s claim of sex-based discrimination. The court summarized plaintiff’s claim as follows: Plaintiff was terminated from his employment based upon a sexual harassment complaint made by…
Read More Accused Sexual Harasser’s Sex Discrimination Claim Survives Summary Judgment, Court HoldsIn Morgan v. Mylan Pharmaceuticals Inc., 2023 WL 2027101 (N.D.W.Va. Feb. 15, 2023), 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. This case illustrates the relatively high bar facing plaintiffs asserting, e.g., sexual harassment claims under Title VII, and…
Read More Sexual Harassment Allegations, Based on Alleged Inappropriate Comments by Union Representatives, DismissedIn Ares v. Aerotek, Inc. et al, 2023 WL 1980484 (W.D.Tex. Feb. 13, 2023), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s co-worker sexual harassment claim following a jury verdict in her favor. The court held, specifically, that there was sufficient evidence introduced at trial to support…
Read More Title VII Co-Worker Sexual Harassment Verdict Stands; Evidence Indicated Employer Knew or Should Have Known of the Harassment and Failed to Take Prompt Remedial Action