Sexual Harassment

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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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In Clinard v. Washington Regional Medical Center, 5:20-CV-05188, 2021 WL 4776694 (W.D. Ark. 2021), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment, finding that the alleged harassment was not “severe or pervasive”, which is the standard under Title VII of the Civil Rights Act of 1964. From the decision: Here,…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Dirty Looks” Insufficient
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On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964. The court outlined the legal requirements for this…

Read More Sexual Harassment Hostile Work Environment Claim Plausibly Alleged; Evidence Included “Malicious Rumors”
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In Nakeshia Nikki Jones v. Industry One Mobile, Inc, 19-01023, 2021 WL 4955905 (S.D. Ala. Oct. 8, 2021), the court, inter alia, recommended that the court grant (as a sanction) plaintiff’s motion for a default judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Sexual Harassment Allegations, That Boss Terminated Plaintiff For Rejecting Sexual Advances, Sufficient
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