Sexual Harassment

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In 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 Actionable
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In 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 Rules
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In 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’, Appearances
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In 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 Genitalia
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In 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 Case
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In 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 Claim
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In 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 Insufficient
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In 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
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In Clincy v. Packaging Corporation of America, No. 3:23-CV-547-CWR-LGI, 2024 WL 4311511 (S.D.Miss. Sept. 26, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Generally speaking, there are two types of sexual harassment claims…

Read More Court Holds That Plaintiff Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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