In Abbt v. City of Houston, 2022 WL 764999 (5th Cir. March 11, 2022), the court, inter alia, reversed the lower court’s award of summary judgment for defendant on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In sum, this case arose from the…
Read More Sexual Harassment Claim, Asserted by Houston Firefighter, Survives Summary JudgmentIn Paschall v. Tube Processing Corporation, 2022 WL 775413 (7th Cir. March 15, 2022), the U.S. Court of Appeals for the Seventh Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that a male co-worker made sexual/obscene…
Read More Sexual Harassment (Hostile Work Environment) Claim Dismissal Affirmed; Co-Worker’s Harassment Not Imputable to EmployerIn Malone v. TDMW Management Inc., No. 5:21-cv-180, 2022 WL 507436 (N.D.Ala. Feb. 18, 2022), the court, inter alia, held that plaintiff did not state a plausible sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964, and therefore denied plaintiff’s motion for a default judgment as to this…
Read More Title VII Sexual Harassment (Hostile Work Environment) Claim Not Plausibly Alleged; Three Instances of Harassment InsufficientIn Doe v. Shippensburg University of Pennsylvania, 1:20-CV-01416, 2022 WL 676970 (M.D.Pa. March 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim asserted under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. In sum, plaintiff Doe was a graduate student at,…
Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment Against Shippensburg University of PennsylvaniaIn Kasparek v. New York State, Department of Corrections and Community Supervision, 16-CV-671-LJV-MWP, 2022 WL 682633 (WDNY March 8, 2022), the court, inter alia, adopted a Report and Recommendation to deny 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.…
Read More Graffiti Penis Sexual Harassment Claim Survives Summary JudgmentIn Omyla v. Smiletech, Inc., No. 517483/2021, 2022 WL 524944 (N.Y. Sup Ct, Kings County Feb. 14, 2022), the court, inter alia, denied the individual defendant’s (Ifraim Agababayev) motion to dismiss discrimination and harassment claims asserted under the New York State and City Human Rights Laws. In this case, plaintiff (a dental technician) asserts causes…
Read More Discrimination, Sexual Harassment Claims Sufficiently Alleged Against Individual Defendant, Court HoldsThe New York Senate recently passed a host of new laws designed to strengthen New York laws protecting victims of sexual harassment. (NOTE: this legislation is currently winding its way through the New York legislative process, and is, as of this writing, not yet enacted.) These laws include: S738 (Let Survivors Speak Act): Amends NY…
Read More NY Senate Passes Sexual Harassment ProtectionsIn Barbini v. First Niagara Bank N.A. et al, 16-cv-7887, 2022 WL 623184 (S.D.N.Y. March 3, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that she suffered retaliation for opposing sexual harassment. From the decision: After due consideration, the Court concludes that a material dispute of fact precludes summary…
Read More Retaliation Claim, Arising From Opposition to Sexual Harassment (Assisting With Complaint), Survives Summary JudgmentIn Diaz v. Champion Parking Corp., No. 151477/2021, 2022 WL 617009 (N.Y. Sup Ct, New York County Mar. 02, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for “quid pro quo” and hostile work environment sexual harassment under the New York State and City Human Rights Laws. The court summarized the…
Read More Sexual Harassment Claims Stated Against Champion Parking Corp.In Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…
Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”