D Motion for Summary Judgment Denied (Sexual Harassment)

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In Schwengel v. Cave Enterprises Operations, LLC d/b/a Burger King of Saukville, 24-cv-558-wmc, 2025 WL 2898381 (W.D.Wis. Oct. 10, 2025), 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. The court summarized, and applied, the…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Court Cites Alleged Physically Threatening Behavior and Explicit Sexual Comments
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In Boodoo v. AMP Home Care LLC, Civil Action No. 24-1056, 2025 WL 2840801 (W.D.Pa. Oct. 7, 2025), 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. From the decision: Defendant maintains that Plaintiff has…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Evidence Included That Alleged Harasser Stated to Plaintiff “I Want to Fuck You”
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In Mofrad v. United Parcel Service, Inc., Case No. 23-cv-01899-AMO, 2025 WL 2308492 (N.D.Cal. Aug. 11, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment under California’s Fair Employment and Housing Act (“FEHA”). This decision is interesting, in that it arises from a scenario involving allegations by a male…

Read More Sexual Harassment Claim, Arising From Alleged Harassment of Male by Female Subordinate, Survives Summary Judgment
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In Norris v. Frito-Lay, Inc., CIVIL ACTION No. 24-4023-KHV, 2025 WL 1423583 (D.Kan. May 16, 2025), 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. From the decision: Here, plaintiff has presented evidence that (1)…

Read More Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment
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In Johnson v. 212 Fremont Sandusky Wine & Spirit, LLC, 2025 WL 843390(N.D.Ohio March 18, 2025), the court ruled on defendant’s motion for summary judgment on plaintiffs’ claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 (as well as Ohio stae law). As to two plaintiffs,…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Alleged Harassment Was “Direct and Physical”
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In Mikesh v. County of Ulster, 2025 N.Y. Slip Op. 01987, 2025 WL 993793 (N.Y.A.D. 3 Dept., Apr. 03, 2025), the New York Supreme Court, Appellate Division, Third Department reversed a lower court’s summary judgment dismissal of plaintiff’s sexual harassment claim under the New York State Human Rights Law (NYSHRL). From the decision: There is…

Read More Sexual Harassment Claim Resurrected From Summary Judgment Dismissal, 3d Department Rules
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In Zuber v. Republic First Bancorp Inc., No. 23-991, 2024 WL 5147018 (E.D.Pa. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the alleged harassment was sufficiently “severe or pervasive”, the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Court Cited Alleged Request to Have Sex at Work Despite Prior Rejection
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In Riggins v. Town of Berlin, 2024 WL 2972896 (2d Cir. June 13, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissing plaintiff’s complaint alleging a hostile work environment sexual harassment. In this case, in sum, plaintiff alleges, among other things, that her employer (the Town of…

Read More Hostile Work Environment Sexual Harassment Claim Resurrected From Summary Judgment as to Insufficiency of Employer’s Response to Alleged Harassment
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In Barcellos v. The City of New York, No. 157998/2018, 2024 WL 2941863 (N.Y. Sup Ct, New York County June 4, 2024), the court, inter alia, denied defendant’s motion for summary judgement on plaintiff’s claims of hostile work environment sexual harassment asserted under the New York State and City Human Rights Laws. As to the…

Read More Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment; Allegations Include Supervisor’s Sex-Based Comments, Remarks, and/or Gestures
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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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