Sexual Harassment

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In Hewitt v. Stephens et al, 2:22-cv-00388, 2023 WL 4494457 (S.D.W.Va. July 12, 2023), the court denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court explained that, to state a hostile work environment claim for sex discrimination, a plaintiff must…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Speculation About Intimate Involvement With Co-Worker
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In U.S. Equal Employment Opportunity Commission v. Key Management Partners, Inc., 2023 WL 4351337 (D.Md. July 5, 2023), the court granted plaintiff’s motion for a default judgment as to plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII also prohibits an employer from retaliating against…

Read More Retaliation Claim, Based on Firing Shortly After Complaint About Sexual Harassment, Sufficiently Alleged For Default Judgment Purposes
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In Giramur v. Honorable Christine E. Wormuth, Secretary of the Army, 2023 WL 4216152 (W.D.Tex. May 24, 2023), the court, inter alia, granted defendant’s motion to dismiss her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations, held the court, were insufficiently specific: Plaintiff alleges…

Read More Sexual Harassment Claim Dismissed; Sexually Explicit Pictures, Alone, Were Insufficient
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In Gonzalez v. Spitzer Autoworld Homestead, Inc., No. 22-cv-21590, 2023 WL 3303180 (S.D.Fla. May 8, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Here, the record shows that before the…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Include Repeated Asking Out Plaintiff and Biting Her Breast
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In U.S. Equal Employment Opportunity Commission v. Golden Entertainment, Inc., No. 20-cv-02811, 2023 WL 4134696 (D.Md. June 22, 2023), the court, inter alia, denied 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. As to the issue of whether the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments and Buttocks Groping
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In Walker-Jackson v. Smith’s Food and Drug Centers, Inc., Case No. 2:21-cv-2066-ART-BNW, 2023 WL 3620552 (D.Nev. May 23, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. As to the issue of whether the alleged harassment was sufficiently “severe or pervasive,” the court applied the…

Read More Sexual Harassment Case, Based on Allegations Including Sexual Innuendo and Nonconsensual Touching, Survives Summary Judgment
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In Stein v. Attorney General United States of America, 2023 WL 3993014 (3d Cir. June 14, 2023) (not precedential), the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In this case, the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissal Was Proper in Light of Defendant’s “Prompt,” “Effective” Response: 3rd Circuit
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In Carrillo v. Empire Hotel Services LLC d/b/a Canopy by Hilton Jersey City Arts District et al, No. 2:22-CV-03273, 2023 WL 3993767 (D.N.J. June 14, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal
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In Pianko v. General R.V. Center, Inc. et al, Case No. 20-cv-13371, 2023 WL 3938852 (E.D.Mich. June 9, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: A reasonable jury could find that Miller’s alleged conduct in the hotel room was subjectively and objectively…

Read More Hostile Work Environment Sexual Harassment Claim, Based on “After Hours” Conduct, Survives Summary Judgment
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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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