Sexual Harassment

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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Defendant has met its burden of production to…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Survives Summary Judgment
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In a recent case, Walker v. United Parcel Service, Inc., 2022 WL 4474248 (M.D.Ga. Sept. 26, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff presented enough evidence to create a triable issue of fact as to whether the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; No Basis for Imputing Liability to Employer
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In a recent decision, captioned Cannon v. Communication Components, Inc. et al, No. 2:20-cv-01626 (WJM), 2022 WL 4300247 (D.N.J. Sept. 19, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claim of hostile work environment sexual harassment asserted under the Washington Law of Discrimination (WLAD). From the decision: Upon reviewing…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Attempted Kiss and Strip Club Visits
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In Cloud v. Louis Dejoy et al, No. 19-cv-04638-TSH, 2022 WL 4349832 (N.D.Cal. Sept. 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds Cloud has offered sufficient…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Allegations Include Requesting Hugs and Fondling Hair
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In EEOC v. SDI of Mineola, LLC d/b/a Sonic Drive In, No. 6:21-CV-00226-JCB-KNM, 2022 WL 4127167 (E.D.Tex. Aug. 17, 2022), the court, inter alia, recommended the denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court explained:…

Read More Hostile Work Environment Sexual Harassment Claim Against Texas Sonic Drive In Should Proceed, Holds Federal Magistrate Judge
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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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In Pimental v. Atrium Hospitality LP, No. 3:19-CV-1284 (OAW), 2022 WL 4104012 (D.Conn. Sept. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: Atrium has moved for summary judgment on the grounds that Chef Pimentel’s hostile work environment claim is neither…

Read More Sexual Harassment Claim, Based on Inappropriate Touching, Survives Summary Judgment
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In Meints v. City of Wymore, Nebraska, 2022 WL 3088556 (D.Neb. Aug. 3, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiffs’ hostile work environment sexual harassment claim. The court explained the law, and its application, as follows: The plaintiffs have also alleged that the individual defendants’ conduct created a hostile work environment.…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Allegations Include Request for Oral Sex and Graphic/Vulgar References to Female Anatomy
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In Buck v. Thycotic Software, LLC, No. 2:20-cv-01721-BJR, 2022 WL 3975140 (W.D.Wash. Sept. 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the male plaintiff (Buck) asserts that he was subject to retaliatory termination following…

Read More Retaliation Claim, Based on Supporting Co-Worker’s Complaint of Sexual Harassment, Survives Summary Judgment
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