“Severe” or “Pervasive”

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In LaPuebla v. Mayorkas, 2024 WL 3874230 (9th Circuit August 20, 2024), the U.S. Court of Appeals for the Ninth Circuit vacated a lower court decision dismissing a hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the plaintiff (a Customs and Border Protection officer in Guam)…

Read More 9th Circuit Addresses Relationship Between “Severity” and “Pervasiveness” for Title VII Hostile Work Environment Claims
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In Cooper v. County of York, Civil No. 21-CV-01440, 2024 WL 183013 (M.D.Pa. Jan. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Finally, York’s motion requests summary judgment on Cooper’s claims…

Read More Age-Based Hostile Work Environment Claim Dismissed on Summary Judgment
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In Williams v. Inspira Health Network, 2023 WL 7151222 (D.N.J. Oct. 31, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that “[s]ummary judgment on Plaintiff’s NJLAD and Title…

Read More Title VII Sexual Harassment Complaint Dismissed; Alleged Comments and Touching Hair Was Not “Severe” or “Pervasive”
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In Rodriguez v. Town of Cicero et al, No. 20 C 7608, 2022 WL 1773715 (N.D.Ill. June 1, 2022), 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. The court summarized plaintiff’s sexual harassment allegations as follows: The…

Read More Police Officer’s Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Logan v. Millstone Manor LLC et al, 20-14433 (MAS) (TJB), 2022 WL 1720172 (D.N.J. May 27, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. (The court also dismissed plaintiff’s “quid pro quo” sexual harassment claim.) From the decision: Viewing the evidence in a light most favorable to Logan, his…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; “High Bar” Not Met
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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