In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…
Read More Ninth Circuit Reinstates Sexual Harassment Case Against SafewayIn a recent case, Jane Doe[s] v. JetBlue Airways Corporation et al, 2020 WL 4605216 (E.D.N.Y. Aug. 11, 2020), the court discussed and applied Title VII of the Civil Rights Act of 1964’s venue provision. The alleged facts of this case, involving the rape of female flight attendants, are horrific. However, the court did not address…
Read More Sexual Harassment Case Dismissed; Eastern District of New York Venue ImproperIn Mancilla v. ABM Industries, Inc., 2020 WL 4432122(S.D.N.Y. July 29, 2020), a sexual harassment/assault case, the court granted defendants’ motion to compel arbitration. The facts of this case, as alleged, are horrific: Plaintiff reported to work on the night of September 17, 2018, and was informed that her ABM supervisor that night would be…
Read More Arbitration Compelled in Sexual Harassment/Assault Case Against ABMIn a recent decision, captioned Judd v. Weinstein, 2:18-cv-05724 (9th Cir. July 29, 2020), the U.S. Court of Appeals for the Ninth Circuit revived Ashely Judd’s sexual harassment lawsuit against Harvey Weinstein, overturning a district court’s dismissal of plaintiff’s claim under § 51.9 of the California Civil Code. From the Opinion: In sum, we conclude…
Read More Ninth Circuit Revives Ashley Judd’s Sexual Harassment Lawsuit Against Harvey WeinsteinIn Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…
Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not RequiredIn Lively v. WAFRA Investment Advisory Group, Inc. et al, 2020 WL 4038350 (S.D.N.Y. July 17, 2020), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The complaint…
Read More Age Discrimination Claim Dismissed; Court Finds That Sexual Harassment Allegation Against Plaintiff Was a More Likely Cause of Termination Than “Remote” Age-Related CommentIn Hernandez v. Premium Merchant Funding One, LLC et al, 2020 WL 3962108 (S.D.N.Y. July 13, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. While the court found that certain “despicable if true” actions were…
Read More Sexual Harassment / Hostile Work Environment (Title VII) Claim Survives Dismissal; Some Alleged Conduct Not “Pervasive” But Alleged Touching/Grabbing Was “Severe”In Jarusauskaite v. Almod Diamonds, Ltd., No. 154732/2019, 2020 WL 3618936 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim against the entity defendant’s Board of Directors, based on the alleged harassment by an individual. From the decision: To sustain a hostile work environment…
Read More Gender-Based Hostile Work Environment Claim Dismissed Against Board of DirectorsIn Tirschwell v. TCW Group Inc., No. 150777/2018, 2020 WL 3104364, 2020 N.Y. Slip Op. 31816(U) (N.Y. Sup Ct, New York County June 11, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination / sexual harassment claim under the New York City Human Rights Law. From the decision: [P]laintiff…
Read More Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact IssueA recently-issued Consent Decree in the matter of EEOC v. GRK Pas LLC d/b/a GRK Fresh Greek, 2020 WL 3073786 (S.D.N.Y. June 10, 2020) reflects the resolution of plaintiffs’ hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the Decree: Considering Defendants’ ongoing financial difficulties. the…
Read More EEOC Consent Decree Reached with GRK Fresh Holdings in Sexual Harassment Case