D Motion for Summary Judgment Denied (Sexual Harassment)

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In Sparks v. Duane Devecka, 2:19-cv-1286, 2023 WL 4533680 (W.D.Pa. July 13, 2023) (J. Ranjan), the court 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. In this case, plaintiff alleged that she worked for the defendant for a…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Alleged Groping Was “Severe” and “Pervasive”
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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In Stein v. Attorney General United States of America, 2023 WL 3993014 (3d Cir. June 14, 2023) (not precedential), the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of plaintiff’s claim of hostile work environment sexual harassment asserted under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 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 Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…

Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary Judgment
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In a recent case, Schneider v. Trumbull County Veterans Service Commission, 2023 WL 2500173 (N.D.Ohio March 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. Here, the parties conceded that plaintiff “established that she experienced unwelcome harassment based on sex and that the harassing conduct was sufficiently severe or…

Read More Sexual Harassment Claim Survives Summary Judgment; Jury Must Decide Defendant’s Knowledge of Harassment and Adequacy of Response Harassment Allegations
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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Wallace v. Performance Contractors, Incorporated, 2023 WL 21856 (5th Cir. Jan. 3, 2023), the court reversed the lower court’s order dismissing plaintiff’s hostile work environment sexual harassment claim. As to whether the alleged conduct was severe or pervasive, the court explained: We agree with the district court that a reasonable jury could find that…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was “Severe or Pervasive” and Defendant Was Not Entitled to Faragher/Ellerth Defense
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