Plaintiff Defeats Summary Judgment (Sexual Harassment)

In a recent case, Dikambi v. City University of New York et al, 19-CV-9937 (RA), 2023 WL 5713716 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion for summary judgement on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: There is sufficient…

Read More Sexual Harassment Claim Survives Summary Judgment Against CUNY
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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Included Assault
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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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