Sexual Harassment

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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Polenik v. Janet Yellen, 2024 WL 1466783 (M.D.Pa. April 4, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To allege a quid pro quo sexual harassment claim under Title VII, Polenik must…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Constructive Discharge Alone Was Insufficient
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In Doyle v. American Glory Restaurant Corp. and Joseph Fiero, 23 Civ. 7624 (PAE), 2024 WL 1466161 (S.D.N.Y. April 4, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s first amended complaint (FAC) alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York…

Read More Sex-Based Hostile Work Environment Claims Plausibly Alleged; Allegations Included Sexual Comments, Display of Pornography
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In Mays v. Powder Coating Plus, Inc., 2024 WL 894948 (D.Nev. Feb. 29, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff does not allege any subjection to sexual conduct that was linked to…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Absent Further Details of Alleged Harassment
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In Jeramiah Brown v. Fat Dough Inc. d/b/a Dominos Pizza, 5:22-cv-761 (BKS/ML), 2024 WL 1345360 (N.D.N.Y. March 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim. The court summarized the black-letter law, and applied it to the facts, as follows: Under Title VII, it is illegal “to…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Sexual Comments, Bullying, and Name Calling
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In Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964.  The court summarized the evidence supporting plaintiff’s…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own Penis
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Allegations Included Calling Plaintiff “Sexy” & Unwanted Physical Contact with Breast and Buttocks
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In Jacobs v. Hudson Valley Family Physicians, PLLC, 1:22-CV-1184, 2024 WL 1200002 (N.D.N.Y. March 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiffs allege that…

Read More Quid Pro Quo Sexual Harassment Claim Plausibly Alleged; Court Cites “Subtext” of “Suggestive” Text Messages & Photographs
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the “black letter” law, the court…

Read More Retaliation Claim Survives Summary Judgment; Termination Followed Sexual Harassment Complaint
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