Sexual Harassment

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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…

Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment Claim
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…

Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently Alleged
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In Belton v. GEO Group, Inc., No. 21-30144, 2021 WL 5832953 (5th Cir. Dec. 8, 2021), the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of plaintiff’s claim of race discrimination claims under, inter alia, 42 U.S.C. 1981. Here, the plaintiff (a black man) claims that they were disciplined more harshly than…

Read More Fifth Circuit Affirms Dismissal of Race Discrimination Claim; Sexual Harassment Allegations Against Plaintiff & White Female Were Not Comparable
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In Doe v. Bloomberg L.P., 2021 NY Slip Op 06754 (N.Y. App. Div. 1st Dept. Dec. 2 2021), the Appellate Division, First Department, held that the plaintiff may pursue her claims against Bloomberg L.P. – including for employment discrimination and sexual harassment – pseudonymously. From the decision: The presumption in favor of open trials and…

Read More Sexual Harassment Plaintiff May Continue to Proceed Under a Pseudonym in Case Against Bloomberg L.P.
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While sexual jokes in the workplace may, under certain circumstances, give rise to a plausible hostile work environment sexual harassment claim, that is not always the case. A recent decision, Cafiero v. Keurig Dr. Pepper Inc., No. 12-CV-01303, 2021 WL 5630373 (E.D.Mo. Dec. 1, 2021), is one example where allegations of such conduct was insufficient…

Read More Sexual Jokes Insufficient to Make Out Hostile Work Environment Claim
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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the harassment was “severe or…

Read More Same-Sex Sexual Harassment Claim Survives Summary Judgment
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A recent decision, Klimovitsky v. JG Innovative Industries, Inc. et al, No. 21-cv-755, 2021 WL 5712120 (EDNY Dec. 1, 2021), illustrates the mechanics of asserting an employment discrimination claim under Title VII of the Civil Rights Act of 1964. Here, the court dismisses the case – not on the merits, but rather because plaintiff failed…

Read More Sexual Harassment Plaintiff’s Complaint Dismissed Due to Premature Filing
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In Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…

Read More Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status
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In Equal Employment Opportunity Commission v. Al Meghani Enterprise, Inc. d/b/a/ The Wireless Solutions, SA-21-CV-00760-JKP, 2021 WL 5450147 (W.D.Tex. Nov. 19, 2021), the court, inter alia, held that plaintiff sufficiently alleged “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: With regard to the quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Sufficiently Alleged; Termination Followed Rejection of Sexual Advances
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In Fried v. Wynn Las Vegas, LLC, 20-15710, 2021 WL 5366989 (9th Cir. (Nev.) Nov. 18, 2021), the court reversed and remanded a district court decision granting 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. Plaintiff, a male manicurist…

Read More Sexual Harassment Hostile Work Environment Claim Survives Against Wynn Hotel
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